Holsenback v. Martin
Supreme Court of Georgia
Case, and appeal in Eorma Pauperis, from Fayette county. Tried before Judge Bull, at September Term, 1858. This was an action on the case by Henry Holsenback against William Martin, for criminal conversation with plaintiffs wife.
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Case, and appeal in Eorma Pauperis, from Fayette county. Tried before Judge Bull, at September Term, 1858. This was an action on the case by Henry Holsenback against William Martin, for criminal conversation with plaintiffs wife. Plaintiff confessed judgment reserving the right of appeal, and made affidavit that he was “ unable from his poverty to pay cost or give the security required by law,” the words “he. is advised and believes he has a good cause of appeal,” being omitted. The clerk wrote out the affidavit for plaintiff and entered the appeal. Upon the call of the ease for trial on the…
1Opinion of the Court
By the Court.
Lumpkin, J,,
delivering the opinion.
It is not denied by the plaintiff that the affidavit in this case was defective; nor by the defendant that it was amendable. The only question is, should the court have *74allowed the case to have been reinstated ? Our opinion is tbat the application for this purpose should have been granted. No notice was given of tbe defendant’s intention to move to dismiss tbe appeal. Tbe counsel for tbe plaintiff could not, therefore, foresee tbe necessity of having bis client present. He announced himself ready for trial when tbe case was called.
It does not…
2Cited by3 opinions
- Bowen v. WyethSupreme Court of Georgia · 1904
- Morse v. CaldwellCourt of Appeals of Georgia · 1937
- Selma, Rome & Dalton Railroad v. GammageSupreme Court of Georgia · 1879