Rushing v. Willingham
Supreme Court of Georgia
Attachment. Before Judge Felton. Houston superior court. October term, 1897. Willingham sued Hushing under the Civil Code, § 4543, for $700 principal, and interest at eight per cent, from maturity, upon defendant’s promissory note due October 15, 1895, alleging that on February 1, 1895, defendant purchased of the plaintiff three mules and borrowed from him $500 with which to make crops of cotton, corn, and other produce on his farm for the year 1895, and gave plaintiff said…
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Attachment. Before Judge Felton. Houston superior court. October term, 1897. Willingham sued Hushing under the Civil Code, § 4543, for $700 principal, and interest at eight per cent, from maturity, upon defendant’s promissory note due October 15, 1895, alleging that on February 1, 1895, defendant purchased of the plaintiff three mules and borrowed from him $500 with which to make crops of cotton, corn, and other produce on his farm for the year 1895, and gave plaintiff said note, plaintiff selling the mules and advancing the money in full faith that defendant would meet the same at maturity;…
1Opinion of the CourtLewis, J.
1. Plaintiff assigns error in the bill of exceptions in overruling his motion to dismiss the attachment. It does not appear that exceptions pendente lite were taken on this ruling -of the court. It appears from the record that this writ of error was sued out some two months or longer after the judgment of the court complained of; and while the bill of exceptions states "that error thereon was assigned within the time allowed by law, ■yet in case the record shows the contrary, the latter will control. Dismuke v. Trammell, 64 Ga. 428.
2. A number of grounds are taken in the motion for a new…
2Cases cited2 opinions
- Dismuke v. TrammellSupreme Court of Georgia · 1879
- Lowry Banking Co. v. Abbott & SmithSupreme Court of Georgia · 1891
3Cited by11 opinions
- Bank of Lumpkin v. Farmers State BankSupreme Court of Georgia · 1926
- Southern Railway Co. v. FlemisterSupreme Court of Georgia · 1904
- Loganville Banking Co. v. ForresterSupreme Court of Georgia · 1915
- Williams v. First Bank & Trust Co.Court of Appeals of Georgia · 1980
- Harrison v. ArrendaleCourt of Appeals of Georgia · 1966
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