Legal Opinion

Smith v. Rawson

Supreme Court of Georgia

Decided August 15, 1878PublishedCited by 7 opinions

Jurisdiction. Pleadings. Practice in tlie Superior Court. Appeal. Judgments. Promissory notes. New trial. Before Judge Hillyeb. Clayton Superior Court. March Term, 1818. The following, taken in connection with the opinion, sufficiently reports this case: Suit, in the usual form, was brought in a justice court by “E. E. Rawson, assignee of A. K. Seago,” against Smith et al., on a promissory note payable to Thomas II. Barton or bearer, and indorsed by Barton.

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Jurisdiction. Pleadings. Practice in tlie Superior Court. Appeal. Judgments. Promissory notes. New trial. Before Judge Hillyeb. Clayton Superior Court. March Term, 1818. The following, taken in connection with the opinion, sufficiently reports this case: Suit, in the usual form, was brought in a justice court by “E. E. Rawson, assignee of A. K. Seago,” against Smith et al., on a promissory note payable to Thomas II. Barton or bearer, and indorsed by Barton. An appeal was taken by consent. A plea of want of jurisdiction was filed, but was not sworn to, (as appears from the record,) nor filed…

1Opinion of the Court

Jackson, Justice.

This was a suit in a justice court on a note for eighty dollars, with five dollars credited thereon, and appeal by consent to the superior court. The jury found eighty dollars, with interest, for the plaintiff, whereupon the defendants moved for a new trial, which was refused, and they brought the case here, making a number of assignments of error.

1. There was a plea to the jurisdiction on the ground that *210the plaintiff — -alleged therein to be the assignee in bankruptcy — could not sue in the state courts, but the plea was made by the attorney and not in person, was not made…

2Cases cited1 opinion

  1. Fontaine v. BergenSupreme Court of Georgia · 1875

3Cited by7 opinions

  1. Perkins v. RowlandSupreme Court of Georgia · 1882
  2. Bilbo v. BilboSupreme Court of Georgia · 1928
  3. Roberts v. BurnettSupreme Court of Georgia · 1927
  4. Thompson v. Village of MecostaMichigan Supreme Court · 1901
  5. McIntosh v. PattonCourt of Appeals of Georgia · 1913

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