Bond v. Whitfield
Supreme Court of Georgia
Complaint, in Baker superior court. Tried before Allen, Judge, at May Term, 1859. This was an action by Matthew Whitfield, administrator of John Tompkins, deceased, against James Bond, on a copy draft, which had before been established by proceedings had for the purpose, in lieu of the original which was lost.
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Complaint, in Baker superior court. Tried before Allen, Judge, at May Term, 1859. This was an action by Matthew Whitfield, administrator of John Tompkins, deceased, against James Bond, on a copy draft, which had before been established by proceedings had for the purpose, in lieu of the original which was lost. The following is a copy of the draft sued on: “ $2644 81. Albany,-Geo., March 26,1857. On the first day of December next please pay to estate of John Tompkins or order, twenty-six hundred and forty-four dollars and 81 cents, value received and charge to account of Tours, respectfully,…
1Opinion of the Court
*540 By the Court.
Lumpkin, J.,
delivering the opinion.
When the exemplification was tendered in evidence, in this case, it was objected to, 1st, because the defendant had not been properly served with notice of the proceedings to establish the lost paper; and, 2dly, because the acceptors should have been made parties.
By the 2d § of the act of 1856, (Pamphlet 338,) it is Required, that the rule Nisi, to establish lost or destroyed papers, should be served personally on the party, if to be found within the State; and if not, published in some public gazette of the State for three months.
In this case,…
2Cited by2 opinions
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