Gauldin v. Shehee
Supreme Court of Georgia
Assumpsit, in Decatur. Tried before Judge Allen, April Term, 1856. Henry D. Shehee brought an action of assumpsit against John PAGauldin, for the recovery of the sum due upon a note made payable to the former by the latter, for the sum of $2500. To this action, besides the plea of the general issue, there were several pleas of partial failure of consideration filed, the substance of which was, that on the 6th day of March, 1854, defendant purchased of plaintiff certain…
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Assumpsit, in Decatur. Tried before Judge Allen, April Term, 1856. Henry D. Shehee brought an action of assumpsit against John PAGauldin, for the recovery of the sum due upon a note made payable to the former by the latter, for the sum of $2500. To this action, besides the plea of the general issue, there were several pleas of partial failure of consideration filed, the substance of which was, that on the 6th day of March, 1854, defendant purchased of plaintiff certain described lots of land in said county, consisting of some 1367J acres, for the sum of $7,500; that the note sued on was…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[l.Tj Counsel for the defendant in error moved to dismiss this case upon two grounds : 1st. Because it is made returnable to the 4th Monday in July, instead of June ; and 2dly.-Because there is no writ of error.
The Act of the last Legislature disposes of the first objection, by declaring-that no objection shall be taken or allowed ito the manner in which any case has been brought up to this Ceurt, provided-the previous provisions of the -Act have been .-substantially complied with. (Pamphlet Acts, p. 200.)
Now the previous provisions referred to…
2Cases cited2 opinions
- McKnight v. KellettSupreme Court of Georgia · 1851
- Simmons v. BlackmanSupreme Court of Georgia · 1853
3Cited by6 opinions
- Kendall v. WellsSupreme Court of Georgia · 1906
- Miller v. SpeightSupreme Court of Georgia · 1878
- Wilson v. TolsonSupreme Court of Georgia · 1887
- Logan v. Western & Atlantic RailroadSupreme Court of Georgia · 1890
- Dorsett v. NunisSupreme Court of Georgia · 1941
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