Shaver v. McLendon
Supreme Court of Georgia
Suit on bond, from Marion. Tried before Judge Worrell, March Term, 1S58. This was an action of debt on a bond. The plaintiff, Wm. B. Shaver, had obtained execution in a Justices Court against A. J. Simmons, James M. Adams and James M. Davis, and had it levied upon a bale of cotton.
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Suit on bond, from Marion. Tried before Judge Worrell, March Term, 1S58. This was an action of debt on a bond. The plaintiff, Wm. B. Shaver, had obtained execution in a Justices Court against A. J. Simmons, James M. Adams and James M. Davis, and had it levied upon a bale of cotton. A claim was interposed by one Sidney B. Simmons to said cotton,-and through mis-1 take, the bond for the forthcoming of the same, was made payable to James B. Shaver, when it was the intention tó make it payable to the plaintiff in fi. fa. The claim was tried, and the cotton found subject to the fi. fa; and the…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
It is admitted on all hands, that the plaintiff might recover on this bond and his offered proof, in equity. But what is there to prevent him from doing so in like manner at law.
I think, there is nothing. “Whenever” “a plaintiff or complainant shall conceive, that he she or they, can establish his her or their claim, without resorting to the conscience of the defendant, it shall and may be lawful for every such plaintiff or complainant, to institute his her or their action upon the common law side of the Court, and shall not be held to proceed…
2Cited by7 opinions
- Gaulding v. BakerCourt of Appeals of Georgia · 1911
- Parramore v. AlexanderSupreme Court of Georgia · 1909
- Thompson v. Hall & LongSupreme Court of Georgia · 1881
- Richardson v. AllenSupreme Court of Georgia · 1885
- Hall v. BrowningCourt of Appeals of Georgia · 1944
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