Hardy v. Truitt
Court of Appeals of Georgia
Money rule; from city court of LaG-range—Judge Harwell. December 23, 1916. This was a rule to distribute money in the hands of the sheriff of Troup county, arising from a sale of real estate. The bill of exceptions sets out the following facts: It appeared, from the evidence, that on April 12, 1905, W. F. Hogg executed a promissory note for $3,880.87 and interest, payable to J. G. Truitt, and a deed to 536 acres of land as security for its payment.
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Money rule; from city court of LaG-range—Judge Harwell. December 23, 1916. This was a rule to distribute money in the hands of the sheriff of Troup county, arising from a sale of real estate. The bill of exceptions sets out the following facts: It appeared, from the evidence, that on April 12, 1905, W. F. Hogg executed a promissory note for $3,880.87 and interest, payable to J. G. Truitt, and a deed to 536 acres of land as security for its payment. Certain credits were made on the note, and all the land except the 416% acres involved in this controversy was released. After the execution of…
1Opinion of the CourtBroyles, P. J.
(After stating the foregoing facts.) 1. As authority for the ruling in the first headnote we cite Garrison v. Wilcoxson, 11 Ga. 154. In that case the court, in speaking of the statute providing for damages for frivolous appeals to the superior court (Civil Code of 1910, § 5018), said: “The object of this act is to prevent groundless appeals, by inflicting a punishment, in the shape of damages, and to compensate the respondent for delay, cost and vexation occasioned by such appeal” (italics ours). Although in that case the appeal was to the superior court, the principle involved applies also…
2Cases cited6 opinions
- Garrison v. WilcoxsonSupreme Court of Georgia · 1852
- McIntire v. GarmanyCourt of Appeals of Georgia · 1911
- Phillips v. Behn & FosterSupreme Court of Georgia · 1856
- Central Georgia Power Co. v. PrestonSupreme Court of Georgia · 1912
- Donovan v. HoganCourt of Appeals of Georgia · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Byers v. LiebermanCourt of Appeals of Georgia · 1972
- Troup Co. v. SpeerCourt of Appeals of Georgia · 1919
- Parker v. KiddCourt of Appeals of Georgia · 1924