Johnson v. Martin
Supreme Court of Georgia
Certiorari, from Spalding county. Decision by Judge Cabiness, at November Term, 1857. James L. Johnson was arrested by virtue of a ca. sa., in favor of Jason Burr, and applied to the inferior Court to take the benefit of the Act for the relief of honest debtors. This application was resisted by Martha C. Martin, and other creditors, on the ground of fraud in the schedule filed by the applicant. Counsel for the defendant in ca. sa. claimed the right to open and conclude.
Read the full summary
Certiorari, from Spalding county. Decision by Judge Cabiness, at November Term, 1857. James L. Johnson was arrested by virtue of a ca. sa., in favor of Jason Burr, and applied to the inferior Court to take the benefit of the Act for the relief of honest debtors. This application was resisted by Martha C. Martin, and other creditors, on the ground of fraud in the schedule filed by the applicant. Counsel for the defendant in ca. sa. claimed the right to open and conclude. The Inferior Court decided that the defendant was entitled to the opening and conclusion, and the creditors excepted. During…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
This case originated in the Inferior Court, being an application by James L. Johnson, to take the benefit of the Act for the relief of honest debtors. A judgment having been rendered in favor of Johnson, upon an issue of fraud, the cause was brought up by certiorari to the Superior Court.
[1.] A motion was made to dismiss the certiorari at the hearing, upon the ground that neither a copy of the bill of exceptions tendered in the Inferior Court, nor of the petition for certiorari, accompanied the notice of the parties’ intention to apply for the…
2Cited by2 opinions
- McKibbon v. FoldsSupreme Court of Georgia · 1868
- McNally v. Mulherin & Co.Supreme Court of Georgia · 1887