Sample v. Cary & Stanford
Supreme Court of Georgia
Assumpsit, in Heard Superior Court. Tried before Judge Bull, Not ember Term, 1855. This was an action of assum psifc on an open account, brought by Oery & Stanford against James A. Sample as surviving ■.co-partner, &c. At the April Term, 1352, the defendant confessed a judgment for $222 20, reserving tbe right of appeal. And at the same term he entered an appeal, giving Noah M. Harris as his security on the appeal bond.
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Assumpsit, in Heard Superior Court. Tried before Judge Bull, Not ember Term, 1855. This was an action of assum psifc on an open account, brought by Oery & Stanford against James A. Sample as surviving ■.co-partner, &c. At the April Term, 1352, the defendant confessed a judgment for $222 20, reserving tbe right of appeal. And at the same term he entered an appeal, giving Noah M. Harris as his security on the appeal bond. At the November Term, 1855, of said Court, the cause came on to be tried on the appeal, when Counsel for plaintiffs moved to dismiss the appeal, on the ground, that pending…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] The question is, was it the right of the appellant to save his appeal by filing such an affidavit as that which he proposed to file.
We think it was. We have so decided in two cases— Burkhalter vs. Bullock, (18 Ga. 371,). and another since, the name of which I forget.
We, therefore, reverse the decision of the Court below.
2Cases cited1 opinion
- Burkhalter v. BullockSupreme Court of Georgia · 1855
3Cited by1 opinion
- Morse v. CaldwellCourt of Appeals of Georgia · 1937