Humphries v. McWhorter & Brightwell
Supreme Court of Georgia
Affidavit of illegality, from Cass county. Decided by Judge Trippe, September Term, 1857. An action was brought in the Court below by the firm of McWhorter & Brightwell, against Charles H. Hamilton of Cass county, as maker, and George W. Humphries, and Lloyd & Pulliam, of Fulton county, as endorsers, to recover the amount o'f two promissory notes.
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Affidavit of illegality, from Cass county. Decided by Judge Trippe, September Term, 1857. An action was brought in the Court below by the firm of McWhorter & Brightwell, against Charles H. Hamilton of Cass county, as maker, and George W. Humphries, and Lloyd & Pulliam, of Fulton county, as endorsers, to recover the amount o'f two promissory notes. In that action the jury returned a verdict for the plaintiff, and a fi fa. issued upon that Judgment, which was levied on the property of Humphries. To the fit. fa. Humphries made an affidavit of illegality, swearing that he was advised and believed…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
Although it appears that error is assigned on the decision -of the Court on the affidavit of illegality, it is not insisted on in this Court. The argument, here, was confined to the judgment of the Court below on the motion to set aside the judgment.
We think that the acknowledgement of service by the defendants, alleged in the declaration to reside in Fulton was sufficient to give the Court of Cass county jurisdiction as to them. The entire object of requiring a second original and process to issue when an endorser is sued, and resides in a…
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- Ware v. StateCourt of Appeals of Georgia · 1973
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