Legal Opinion

Miller v. Hines

Supreme Court of Georgia

Decided February 15, 1854No. 23PublishedCited by 3 opinions

Attachment, in Bibb Superior Court. Tried before Judge Bowijra, November Term, 1853. This was an attachment, sued out by tbe plaintiff in error Against John B. Hines, as tbe surviving partner of tbe firm of “R. K. & John B. Hines, on .the following receipt: ££ Received of W. II. Miller, Clerk, twelve hundred dollars in cash, to bo deposited in Marino and Eire Insurance Bank, •in Macon, Ga.

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Attachment, in Bibb Superior Court. Tried before Judge Bowijra, November Term, 1853. This was an attachment, sued out by tbe plaintiff in error Against John B. Hines, as tbe surviving partner of tbe firm of “R. K. & John B. Hines, on .the following receipt: ££ Received of W. II. Miller, Clerk, twelve hundred dollars in cash, to bo deposited in Marino and Eire Insurance Bank, •in Macon, Ga. November 16th, 1850. R. K. & J. B. HINES ”. Among other pleas, tbe defendant pleaded specially, that 'the late firm of R. K. & J. B. Hines, was formed and conducted alone for tbe practice of law; and that…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

I deem it unnecessary to notice, in detail, all the specifications of error in the assignments.

[1.] Was it necessary for the defendant, under the Judiciary Act of 1798, to plead non est factum to the paper on which he was sued, in order to be let into his defence ? He seeks to rid himself of the partnership liability attempted to be fixed upon.Mm, upon the ground that the receipt or contract of bailment, for such is the legal import of the instrument sued on, was given by the other member of the firm, and outside of their professional business as…

2Cited by3 opinions

  1. Lovelace v. Reliable GarageCourt of Appeals of Georgia · 1924
  2. Alley v. Bowen-Merrill Co.Supreme Court of Arkansas · 1905
  3. Brandt v. EckmanCourt of Appeals of Georgia · 1949

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