Loyd, Perryman & Mills v. Hicks
Supreme Court of Georgia
Debt on a Judgment, in Fulton Superior Court. Tried before Judge Bupu, at the April Term, i860. This case was heard, upon the following state of facts, as exhibited by the record, to wit: An action of debt was instituted in Fulton Superior Court, by George W. Hicks, against Loyd, Perryman & Mills, to recover the amount of a decree, rendered by the Chancery Court of Hamilton county, Tennessee, in favor of the said Hicks, against the said Loyd, Perryman & Mills.
Read the full summary
Debt on a Judgment, in Fulton Superior Court. Tried before Judge Bupu, at the April Term, i860. This case was heard, upon the following state of facts, as exhibited by the record, to wit: An action of debt was instituted in Fulton Superior Court, by George W. Hicks, against Loyd, Perryman & Mills, to recover the amount of a decree, rendered by the Chancery Court of Hamilton county, Tennessee, in favor of the said Hicks, against the said Loyd, Perryman & Mills. James Loyd, one of the defendants, filed the plea of nul tiei record, to said action of debt. On the trial of the case, the plaintiff…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
The demurrer to the exemplification was properly overruled.
1. The fact that two of the defendants in that proceeding were non-residents of the State of Tennessee, did not deprive the Courts of that State of jurisdiction, they having appeared and answered and been heard in the cause. That fact, in the absence of anything else, gave that Court jurisdiction to bind them personally by its judgment.
2. The decree rendered in an equity cause is' the judgment ■or sentence of that Court, and no other is necessary, or can be had.
3. The decree was against the…
2Cited by3 opinions
- Brackett v. AllisonCourt of Appeals of Georgia · 1969
- Blakeney v. FranklinCourt of Appeals of Georgia · 1921
- Brackett v. AllisonCourt of Appeals of Georgia · 1969