Sharman v. Morton
Supreme Court of Georgia
Debt on a Judgment in Troup Superior Court. Tried, before Judge Bull, at the November Term, 1859. William R. Morton instituted an action, in the Inferior Court of Troup county, against James Sharman and Clement B. Sharman, composing a firm using the style of James Sharman & Co., to recover , the amount of a judgment obtained in the Circuit Court of Russell county, Alabama, in favor of the said Morton against the said defendants.
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Debt on a Judgment in Troup Superior Court. Tried, before Judge Bull, at the November Term, 1859. William R. Morton instituted an action, in the Inferior Court of Troup county, against James Sharman and Clement B. Sharman, composing a firm using the style of James Sharman & Co., to recover , the amount of a judgment obtained in the Circuit Court of Russell county, Alabama, in favor of the said Morton against the said defendants. Clement B. Sharman, being the only defendant served, filed his plea to said action, under oath alleging that he did not make the note (which was signed -James Sharman…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
1. This was a suit upon a judgment from the Circuit Court of Alabama. To this suit, the defendant plead infancy at the time of the making of the note; that he did not make the note, and that he was not a partner of the firm of James Sharman & Co., and had no interest in the note which was the subject of that suit. The Court held that these pleas were not proper replies to that action, and we concur with the Court in such ruling. Section I, of the 4th Article of the *45Constitution of the United States,, provides, that “Full faith and credit shall be…
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