Wyley v. Stanford
Supreme Court of Georgia
Illegality, in Habersham Superior Court. Tried before Judge Jackson, at October Term, 1856. Hyatt, McBurney & Co., recovered judgment in Haber-sham Superior Court, against Thompson Allan and John H. Wyley, principals, and Robert Allan security, for the sum of eight hundred and fifty-four dollars and ten cents principal, besides interest and cost of suit.
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Illegality, in Habersham Superior Court. Tried before Judge Jackson, at October Term, 1856. Hyatt, McBurney & Co., recovered judgment in Haber-sham Superior Court, against Thompson Allan and John H. Wyley, principals, and Robert Allan security, for the sum of eight hundred and fifty-four dollars and ten cents principal, besides interest and cost of suit. This judgment was signed 10th April, 1854, and a fi. fa. issued the same day, which was levied on a lot of land as the property of Wyley, who filed his affidavit of illegality on the ground: 1st That there had been a prior levy on a house and…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Was the Court below right in refusing a new trial ?
That, of course, depends on whether any one of the grounds of the motion for a new trial was sufficient.
The first ground of that motion was, the refusal of the Court to give the requests in charge to the jury.
The first request was in substance, that, if an “arrangement” of the original debt was made by the agent of the holders of the debt, the effect was, to render John H. Wyley only a surety, although his name might appear as a principal.
[1.] Now the evidence as to this “arrangement” was such as…
2Cited by7 opinions
- Oliveros v. StateSupreme Court of Georgia · 1904
- Sharpton v. StateCourt of Appeals of Georgia · 1907
- Florida, Central & Peninsular Railroad v. LucasSupreme Court of Georgia · 1900
- Reed v. StateSupreme Court of Georgia · 1926
- Chapman v. StateCourt of Appeals of Georgia · 1919
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