Mason & Dickinson v. Croom
Supreme Court of Georgia
Foreclosure, and new trial, from Baker country. Decision by Judge Allen, November Term, 1857. This was an application to foreclose a mortgage which had been executed by Mason & Dickinson to William W. Croom, to secure the payment of two notes made by them to him.
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Foreclosure, and new trial, from Baker country. Decision by Judge Allen, November Term, 1857. This was an application to foreclose a mortgage which had been executed by Mason & Dickinson to William W. Croom, to secure the payment of two notes made by them to him. When the rule nisi which had been granted came on for hearing, the defendants showed, for cause why the same should not be made absolute, that the mortgage deed had been executed by them upon the distinct promise on the part of Richard Hobbs, one of the firm of Hines & Hobbs, plaintiff’s attorneys, that the same should be cancelled…
1Opinion of the Court
McDonald J.,
By the Court. delivering the opinion.
Both parties except to the decision of the Court below on the motion for a new trial. The Court granted a new trial *215on the ground that the verdict of the jury (which was for the plaintiff,) was contrary to evidence.
The defendant’s counsel having moved to dismiss the appeal entered by the plaintiff in the cause, on the ground, that the issue tried by the jury was a collateral issue, and no appeal could be taken from a verdict rendered on such issue, and the Court having refused the motion, the refusal of the motion was made a ground for the new…
2Cited by9 opinions
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- Standridge v. StandridgeSupreme Court of Georgia · 1968
- Broach v. KellySupreme Court of Georgia · 1883
- Ragan v. NewtonCourt of Appeals of Georgia · 1921
- McKibbon v. FoldsSupreme Court of Georgia · 1868
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