Dobbins v. Dupree
Supreme Court of Georgia
Motion to set aside confession of judgment. Decided by Judge Gbeen. Spalding Superior Court. February Term, 1869. See this case in 36th Ga. R., 108. When it was called for re-trial, counsel for Dobbins moved to dismiss the motion to vacate the judgment upon the ground that, pending this motion, Dupree had been adjudged a bankrupt and had an assignee in bankruptcy duly appointed. These statements were proved by the record from the proper offices.
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Motion to set aside confession of judgment. Decided by Judge Gbeen. Spalding Superior Court. February Term, 1869. See this case in 36th Ga. R., 108. When it was called for re-trial, counsel for Dobbins moved to dismiss the motion to vacate the judgment upon the ground that, pending this motion, Dupree had been adjudged a bankrupt and had an assignee in bankruptcy duly appointed. These statements were proved by the record from the proper offices. The Court overruled the motion to dismiss and ordered that the trial proceed. The evidence produced in this case before, was reproduced; there was…
1Opinion of the CourtMcCay, J.
This was a motion to set aside a judgment in favor of Dobbins vs. Dupree, and L. T. Doyal, obtained in November, 1861. The suit was on a note of Doyal, to which Dupree was security. The motion was by Dupree, and was based on the ground that he had never been served and had no notice of the suit. It appeared by the entries on the declaration that no process had ever issued, nor had there been any service upon either party by the sheriff. There was an entry on the writ of waiver of process and acknowledgment of service, signed April 30th, 1861, by “Doyal & Cook, defendant’s attorneys.” There…
2Cited by18 opinions
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