Legal Opinion

Lyon v. Williams

Supreme Court of Georgia

Decided January 15, 1871PublishedCited by 3 opinions

Principal and Agent. Attorneys at law. Novation. Slave debts. Before Judge Green. Upson Superior Court. November Term, 1870. The facts of this cause are in the opinion. When it was called here, counsel for defendant in error moved to dismiss the bill of exceptions, because the contest was as to whether this were a debt for the hire of slaves and, therefore, this Court had no jurisdiction to hear it under the constitutional prohibition of jurisdiction over such debts.

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Principal and Agent. Attorneys at law. Novation. Slave debts. Before Judge Green. Upson Superior Court. November Term, 1870. The facts of this cause are in the opinion. When it was called here, counsel for defendant in error moved to dismiss the bill of exceptions, because the contest was as to whether this were a debt for the hire of slaves and, therefore, this Court had no jurisdiction to hear it under the constitutional prohibition of jurisdiction over such debts. The motion was overruled.

1Opinion of the CourtLochrane, C. J.

In this case it appears that Williams brought his action against Lyons on a promissory note for $136 80, to the May Term, 1867, of Upson Superior Court. At the term following, judgment was confessed by Bell and Spivey, defendant’s attorneys, and judgment entered up. Subsequently a rule nisi was granted by the Court, served upon the plaintiff, calling on him to show cause why the judgment should not be set aside on the ground that it was improvidently confessed without knowledge by said attorneys that the note, the foundation of this action, was given in renewal of anote, the original…

2Cited by3 opinions

  1. Williams v. SimmonsSupreme Court of Georgia · 1888
  2. Davis v. First National BankSupreme Court of Georgia · 1913
  3. Glover v. MooreSupreme Court of Georgia · 1877

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