Edmondson v. Wallace ex rel. Wallace
Supreme Court of Georgia
Assumpsit, in' Murray Superior Court. Tried before Judge Trippe, April Term, 1856. The declaration in this case contained two counts: one for money had and received ; the second on a receipt given by the defendant to the plaintiff.
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Assumpsit, in' Murray Superior Court. Tried before Judge Trippe, April Term, 1856. The declaration in this case contained two counts: one for money had and received ; the second on a receipt given by the defendant to the plaintiff. It was alleged, that on the 2d day of March, 1819, the defendant made and delivered to the plaintiff, A. -M. Wallace, a receipt for a note on William Whitten and the defendant for four hundred and live dollars, with a credit of ten dollars, which note was to be applied to the payment of two notes then sued by Rice Dulin, in Murray Superior Court, against the…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] The question in this case is, whether the Court was right or not in refusing to grant the motion for a new trial ?
The only ground in that motion argued before this Court was the last. And that is the only ground which will be discussed by this Court. The insufficiency of the others becomes manifest as soon as they are seen.
The last ground was this: “ Because two of the Jury that rendered the verdict were members of the Jury by whom a mistrial had been made on a previous occasion; which fact was unknown to the defendant until after the…
2Cited by2 opinions
- French v. StateWisconsin Supreme Court · 1893
- Bush v. RoganSupreme Court of Georgia · 1880