Howell v. A. Shands & Co.
Supreme Court of Georgia
Debt on foreign judgment. In Lumpkin Superior Court. Tried before Judge Irwin. February Term, 1866. This action is described in 28 Ga.
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Debt on foreign judgment. In Lumpkin Superior Court. Tried before Judge Irwin. February Term, 1866. This action is described in 28 Ga. R. 222, the case of Shands & Co. vs. Howell & Co., except that the name of Andrew J. Mullinax is not found in the declaration that now comes up in the record ; the consequence of which is, that, according to said declaration, the firm of A. Howell & Co. consisted of seven persons only, and hence, the judgment rendered in California, is to this extent, different, as set out in the declaration, from the one introduced in evidence. At the last trial of the cause…
1Opinion of the CourtLumpkin, C. J.
We do not know whether much good will result from temporarily suspending this case. The defects complained of being more matters of form than substance; still, taking the direction that it has, devolving the liability originally incurred by eight persons on one only, he feels it, we suppose, a duty which he owes to himself to throw whatever obstacles he can in the way of a recovery.
[1.] The first objection that strikes us in the proceeding is this : This is an action of debt upon a California judgment against eight defendants, when, according to the declaration that now comes up as a part of…
2Cited by8 opinions
- Merritt v. BagwellSupreme Court of Georgia · 1883
- Southern Railway Co. v. City of RomeSupreme Court of Georgia · 1934
- Almand v. HathcockSupreme Court of Georgia · 1913
- Ells v. BoneSupreme Court of Georgia · 1883
- Underwood v. UnderwoodSupreme Court of Georgia · 1913
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