Davis v. Rogers
Supreme Court of Georgia
Certiorari, in Fannin Superior Court, May Term, 1857. Decision by Judge Brown. E. M. Davis commenced his action against D. R. Rogers, to recover the balance due on a promissory note, amounting to one hundred and ten dollars, returnable to January Term? 1856, of Fannin Inferior Court. He made an affidavit for bail.
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Certiorari, in Fannin Superior Court, May Term, 1857. Decision by Judge Brown. E. M. Davis commenced his action against D. R. Rogers, to recover the balance due on a promissory note, amounting to one hundred and ten dollars, returnable to January Term? 1856, of Fannin Inferior Court. He made an affidavit for bail. The Sheriff made his return upon the writ, that he had K executed the within case, by arresting the body and taking-bond of D. R. Rogers in terms of the law; this November 8th, 1855.” At the return term of the writ, defendant moved to dismiss the case upon the grounds : 1st. Because…
1Opinion of the Court
*362By the Court. —
Benning, J.
delivering the opinion.
Ought the Court to have sustained the motion to dismiss the certiorari ?
It was not disputed in the argument for the plaintiff in error, that, if the judgment overruling this motion was right, the judgment sustaining the certiorari was right. The question,on the motion to dismiss the certiorari, is therefore, the only question.
The last two grounds of that motion, may be disposed of in a word, — they are not true in point of fact.
The two other grounds resolve themselves into this, — that the plaintiff in the certiorari, had not complied with the…
2Cited by2 opinions
- Loeb v. MangumSupreme Court of Georgia · 1910
- Owens v. WatkinsSupreme Court of Georgia · 1939