Walker v. Floyd
Supreme Court of Georgia
Rule, iu Upson Superior Court. Tried before Judge Cabaniss, at November Term, 1859. In an equity case pending between James S. Walker and others, against Nathaniel F. Walker, an award was made against defendant under a rule of reference. He, in part payment of the amount awarded against him, paid to James M. Smith, Esq., one of plaintiff’s solicitors, a considerable sum of money, between ten and fifteen thousand dollars.
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Rule, iu Upson Superior Court. Tried before Judge Cabaniss, at November Term, 1859. In an equity case pending between James S. Walker and others, against Nathaniel F. Walker, an award was made against defendant under a rule of reference. He, in part payment of the amount awarded against him, paid to James M. Smith, Esq., one of plaintiff’s solicitors, a considerable sum of money, between ten and fifteen thousand dollars. This was a rule by John J. Floyd, Esq., one of the solicitors of complainants in said cause, against Smith, to pay over to him out of said fund the sum of two thousand…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
1. The Act of 22d of January, 1852, “ to regulate the practice of the Supreme Courts and of the Superior Courts of this State,” etc., provides, “ That when any cause shall be sent back to the Superior Court by the Supreme Court, the same shall be in order for trial at the first Term of the Superior Court next after the decision of the said Supreme Court. And where either party may have exhausted their continuances on the appeal, the said Superior Court shall have full power and authority to grant one continuance to said party as the ends of justice…
2Cases cited1 opinion
- Smith v. GoodeSupreme Court of Georgia · 1859
3Cited by6 opinions
- Henson & Henson, P.C. v. MyszkaCourt of Appeals of Georgia · 1981
- Bowen v. McClellandCourt of Appeals of Georgia · 1967
- Parks v. Bank of AdairsvilleCourt of Appeals of Georgia · 1913
- York v. EdwardsCourt of Appeals of Georgia · 1936
- Brown v. BrownSupreme Court of Georgia · 1961
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