Legal Opinion

Baldwin v. Walden

Supreme Court of Georgia

Decided June 15, 1860PublishedCited by 2 opinions

Complaint, from Terrell Superior Court. Tried before Judge Perkins, at May Term, 1860. This was an action brought by defendant in error against Moses H. Baldwin, to recover an amount claimed to be due on a promissory note.

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Complaint, from Terrell Superior Court. Tried before Judge Perkins, at May Term, 1860. This was an action brought by defendant in error against Moses H. Baldwin, to recover an amount claimed to be due on a promissory note. When the case was called for trial, defendant moved to continue the same, on a showing in writing, in substance as follows: The note sued on was given by defendant to Walden, and payable to him only; that at a former term of the Inferior Court, James W. Hevereaux had brought suit against Walden, and garnisheed defendant; defendant answered the garnishment, setting out all…

1Opinion of the Court

By the Court.

Stephens, J.,

delivering the opinion.

1. We think the continuance was properly refused for two reasons: First, because the opposite party fully admitted all that could have been proven by the absent evidence if it had been present; and second, because there was no showing that proper diligence had been used to have it present. It did not appear but that the defendant had ample time to get established copies of the missing garnishment papers, after they had been ascertained to be missing.

2. We think the charge was correct. The credit on the note was in the handwriting of the…

2Cited by2 opinions

  1. Fletcher v. YoungCourt of Appeals of Georgia · 1911
  2. Barton v. McKaySupreme Judicial Court of Maine · 1937

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