Harrison v. Henderson
Supreme Court of Georgia
Debt and set-off. From Coweta Superior Court. Tried before Judge Hill, September Term, 1847. This action was founded upon a joint and several promissory-note, made by Harrison as principal, and Sims as security.
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Debt and set-off. From Coweta Superior Court. Tried before Judge Hill, September Term, 1847. This action was founded upon a joint and several promissory-note, made by Harrison as principal, and Sims as security. The case came on to be tried upon the appeal at the above Term, when a motion was made in behalf of Harrison, to reinstate a plea of set-off, filed by him at a former Term of the Court, (and which had been stricken out of the record by the order of the Court,) by way of amendment to his answer. The Court below overruled the motion, on the ground that the demand set forth in…
1Opinion of the Court
By the Court
Warner, J.
delivering the opinion,
This action was founded on a joint and several promissory note, made by Harrison as principal, and Sims as security.
[1.] On the trial of the cause, the defendant, Harrison, made a motion to reinstate a plea of set-off, filed by him at a former Term of the Court, (and which was ordered to be stricken out of the re* cord,) by way of an amendment to his answer. The Court overrul* ed the motion to amend, on the ground that the demand set forth in the defendant’s plea, so offered as an amendment to his answer, could not be allowed as a set-off under the…
2Cited by6 opinions
- Ghingher v. FanseenCourt of Appeals of Maryland · 1934
- Atlantic Coast Line R. v. United States Fidelity & Guaranty Co.District Court, M.D. Georgia · 1943
- Wilson v. Exchange BankSupreme Court of Georgia · 1905
- Willoughby v. BallSupreme Court of Oklahoma · 1907
- Cohen v. KarpCourt of Appeals of Maryland · 1923
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