Goodwyn v. Hightower
Supreme Court of Georgia
Assumpsit, and Motion for New Trial, in Pike Superior Court. Decision by Judge Cabaniss, at Chambers, January, 1860. The above two causes were argued together, and one opinion pronounced, covering and deciding the questions and points made in the bills of exceptions in both cases.
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Assumpsit, and Motion for New Trial, in Pike Superior Court. Decision by Judge Cabaniss, at Chambers, January, 1860. The above two causes were argued together, and one opinion pronounced, covering and deciding the questions and points made in the bills of exceptions in both cases. This was originally an action by Goodwyn against Martha J. Hightower, administratrix of Daniel Hightower, deceased, on a promissory note given by one Gaines H. Fryer, who was principal in the note, and Daniel Hightower, defendant’s intestate, who was surety only. The suit was brought against both, but Fryer, not…
1Opinion of the Court
*251 By the Court.
Stephens, J.,
delivering the opinion.
1. Nos. 14 and 16 being argued together, one decision covers both cases. . No. 16, wherein Goodwyn is the plaintiff in error, is the main case, and Hightower, who is the defendant in error, brings up the other merely as a reason for sustaining the judgment in the first. No. 18 was a motion by Goodwyn for a new trial, and No. 14 was a motion by Hightower to dismiss that motion for certain causes. The Judge overruled both motions, refusing to dismiss the motion for a new trial, and refusing the new trial on the merits. The position which…
2Cited by3 opinions
- Tatum v. MorganSupreme Court of Georgia · 1899
- Adams v. Overland-Madison Co.Court of Appeals of Georgia · 1921
- Hearn v. DurrenceCourt of Appeals of Georgia · 1924