Foster v. Thomas
Supreme Court of Georgia
Affidavit of illegality; motion for a new trial, in Gilmer Superior Court. Decided by Judge Rice, May Term, 1858. On the 18th day of September, 1851, Jehu Thomas recovered a judgment in Gilmer Superior Court, against Newton M. Foster, for $193 13-|-;jl fa. was levied on the 1st day of June, 1857, on defendant’s property, when Foster filed his affidavit of illegality, alleging payment.
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Affidavit of illegality; motion for a new trial, in Gilmer Superior Court. Decided by Judge Rice, May Term, 1858. On the 18th day of September, 1851, Jehu Thomas recovered a judgment in Gilmer Superior Court, against Newton M. Foster, for $193 13-|-;jl fa. was levied on the 1st day of June, 1857, on defendant’s property, when Foster filed his affidavit of illegality, alleging payment. The issue was made up and submitted to a special jury, at May Term, 1858. On the trial, the defendant in fi.fa. introduced R. JR. Hunt, who swore that he was the attorney of record for plaintiff, Thomas; that…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
For myself, I am not prepared to say, that I should have granted a new trial in this case. Still, the presiding Judge has seen fit to do so. And if he is dissatisfied, we do not feel constrained, by the proof, to control his discretion.
The execution is standing open. Not a dollar is shown to have been paid upon it. There is testimony as to its having been arranged. How arranged? This expression refers probably to the transfer of the fi. fa. by Thomas to his creditor, in part payment of his own debt, and does not prove satisfaction by the…
2Cited by1 opinion
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