Pierce v. Chapman
Supreme Court of Georgia
Pi. fa. and illegality, in Warren Superior Court. Decision by Judge Thomas, at the October Term, i860. The facts of this case are as follows, to wit: Pierce Bailey recovered a judgment against William Littleton, as administrator of Lucy Bray, deceased, and Benjamin Chapman, and Mary Hodgins, for $1,037.75, besides interest and cost. From this judgment Littleton entered an appeal, Chapman and Hodgins not appealing.
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Pi. fa. and illegality, in Warren Superior Court. Decision by Judge Thomas, at the October Term, i860. The facts of this case are as follows, to wit: Pierce Bailey recovered a judgment against William Littleton, as administrator of Lucy Bray, deceased, and Benjamin Chapman, and Mary Hodgins, for $1,037.75, besides interest and cost. From this judgment Littleton entered an appeal, Chapman and Hodgins not appealing. On the appeal, Bailey recovered a judgment against Littleton, as the administrator of Bray, for the sum of $700 only. A writ of fieri facias was issued from the first judgment,…
1Opinion of the Court
By the Court. —
Lumpkin, J.,
delivering the opinion.
The only question in this case is, whether, when the securities to the contract neglect or refuse to appeal from the first verdict, and the recovery is diminished upon the appeal, are they bound by the first or the last judgment? From the first case brought before this Court, on the Act of 1839 (Cobb's Dig- 500), down to the decision in Durham's case, at Macon, last July, with the exception of Beall vs. Cochran (18 Ga. Rep. 38), this Court has uniformly maintained, that if any *676one or more of the defendants chose to abide by the first verdict,…
2Cases cited1 opinion
- Beall v. CochranSupreme Court of Georgia · 1855
3Cited by2 opinions
- American Baptist Home Mission Soc. v. BarnettCourt of Appeals for the Second Circuit · 1928
- Hanie v. TaylorCourt of Appeals of Georgia · 1908