Legal Opinion

Hudson v. Duke

Supreme Court of Georgia

Decided January 15, 1857No. 86; No. 87PublishedCited by 6 opinions

In Equity, in Taylor Superior Court. Tried before Judge Worrill, at October Term, 1856. This was a bill filed by John Hudson, assignee of William Smith, against Henry N. Duke, to compel the specific performance of an agreement for the sale and conveyance of a lot of land.

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In Equity, in Taylor Superior Court. Tried before Judge Worrill, at October Term, 1856. This was a bill filed by John Hudson, assignee of William Smith, against Henry N. Duke, to compel the specific performance of an agreement for the sale and conveyance of a lot of land. The bill alleges that on the 4th December, 1847, Duke executed his bond, to make titles to a lot of land situated in Taylor county, to Smith, on Smith’s paying to him the sum of one hundred and eighty dollars; one hundred dollars to be paid the 25th day of December, 1848, and eighty dollars to be paid the 25th day of…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

A new trial was asked for in this case, on four grounds: Because 1st. The verdict was contrary to evidence: 2d. To *406law: 3d. To the charge of the Court; and 4th. On account of newly discovered evidence. The Court sustained the motion on the fourth ground, overruling the other three. The defendant excepted to the first, and the complainant to the other ruling.

We remark — to save trouble and expense in future, that there was no necessity but for one bill of exceptions in this case. The judgment below was, that there should be a new trial; and the…

2Cited by6 opinions

  1. Boone v. TemplemanCalifornia Supreme Court · 1910
  2. Ellis v. BryantSupreme Court of Georgia · 1904
  3. McDaniel v. Gray & Co.Supreme Court of Georgia · 1882
  4. Mangum v. JonesSupreme Court of Georgia · 1949
  5. Padgett v. BryantCourt of Appeals of Georgia · 1970

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