Cutts & Johnson v. Hardee
Supreme Court of Georgia
Relief-law. Demurrer. Decided by Judge J. M. Clark. Sumter Superior Court. October Term, 1868. Cutts & Johnson and James Stewart, on the 22d of January, 1861, gave their single bill or bond for $5,229 01, payable to the order of N. A. Hardee & Co., forty-five days after date, and also an agreement to pay expenses if suit had to be brought on it. Suit was brought thereon,- in March, 1861. One of the plaintiffs died, and the case proceeded in the name of the survivor.
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Relief-law. Demurrer. Decided by Judge J. M. Clark. Sumter Superior Court. October Term, 1868. Cutts & Johnson and James Stewart, on the 22d of January, 1861, gave their single bill or bond for $5,229 01, payable to the order of N. A. Hardee & Co., forty-five days after date, and also an agreement to pay expenses if suit had to be brought on it. Suit was brought thereon,- in March, 1861. One of the plaintiffs died, and the case proceeded in the name of the survivor. The cause was pending in October, 1868, and then Stewart plead that “said note was made prior to the 1st day of June, 1865; that…
1Opinion of the CourtBrown, C. J.
The first section of the Act of the Legislature, passed at the session of 1868, entitled, “ An Act for the relief of debtors, and to authorize the adjustment of debts upon principles of eqüity,” is in these words :
“That in all suits' which shall be brought for the recovery of debts, in any of the Courts of this State, or upon contracts for' the payment of money, made prior to -the first day of June, 1865, (except for the sale or hire of slaves,) it shall and may be lawful for the parties, in all such cases, to give in evidence before the jury impanneled to try the same, the consideration of…
2Cases cited11 opinions
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