Rodgers v. Evans
Supreme Court of Georgia
'Levy and illegality, in Bibb Superior Court. Decision at July Term, 1849, by Judge Floyd. It appears that one W. J. Bollock hád obtained a fi.fa. vs. R. K. Evans, J. P. Evans and Berry Rodgers, in February, 1841, for $308 15; that Rodgers paid it off, and at the November Term, 1842, of Bibb Superior Court, obtained an order of control, under the Act of 1840. The order recites, that Rodgers was the last indorser on the note — the foundation of the said ft. fa.; that he had…
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'Levy and illegality, in Bibb Superior Court. Decision at July Term, 1849, by Judge Floyd. It appears that one W. J. Bollock hád obtained a fi.fa. vs. R. K. Evans, J. P. Evans and Berry Rodgers, in February, 1841, for $308 15; that Rodgers paid it off, and at the November Term, 1842, of Bibb Superior Court, obtained an order of control, under the Act of 1840. The order recites, that Rodgers was the last indorser on the note — the foundation of the said ft. fa.; that he had been compelled to pay it in full; and that, by testimony, it appeared lo the Court, that J. P. Evans, though occupying…
1Opinion of the Court
*145 By the Court.
Lumpkin, J.
delivering the opinion.
The order of November, 1842, declaring John P. Evans the principal debtor, in the note which Berry Rodgers was compelled to pay, and giving to Rodgers, as indorser, the use and control of the judgment, to re-imburse himself as security, certainly entitled him to the execution, which he has caused to be issued thereon» and which has been arrested by the affidavit of illegality, interposed by the defendant; and being passed by a Court oí competent jurisdiction, and remaining in full force, we know of no authority in this, or any other Court, to…
2Cases cited3 opinions
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- Hecker v. JarretSupreme Court of Pennsylvania · 1811
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- Palmer v. JacksonSupreme Court of Georgia · 1939
- Fitzgerald Granitoid Co. v. Alpha Portland Cement Co.Court of Appeals of Georgia · 1914
- Brantley v. GreerSupreme Court of Georgia · 1883
- Bedingfield v. First National BankCourt of Appeals of Georgia · 1908
- Weaver v. Webb, Galt & KelloggCourt of Appeals of Georgia · 1908
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