Legal Opinion

Mays v. Compton

Supreme Court of Georgia

Decided February 15, 1853No. 34PublishedCited by 4 opinions

-Affidavit of illegality, in Butts Superior Court. Heard and decided by Judge Starke, at Chambers. At March Term, 1840, Robert C. Mays obtained judgment against Pleasant M. Compton and Thomas C. Taylor, in Butts Superior Court, for the sum of $846.91, on a note made by Isaac Low, Pleasant M. Compton and Thomas C. Taylor. Low was not sued.

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-Affidavit of illegality, in Butts Superior Court. Heard and decided by Judge Starke, at Chambers. At March Term, 1840, Robert C. Mays obtained judgment against Pleasant M. Compton and Thomas C. Taylor, in Butts Superior Court, for the sum of $846.91, on a note made by Isaac Low, Pleasant M. Compton and Thomas C. Taylor. Low was not sued. At the time of the trial there was a special plea filed by Taylor, (which was the only one filed) that Compton was security for Low, and he, Taylor, security for both Low and Compton on the note. A collateral issue was ordered, tried and found in favor of…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

We think this a clear case for the defendant in error.

[1.] At March Term, 1840, of the Superior Court of Butts County, Robert C. Mays obtained judgment against Pleasant M. Compton and Thomas C. Taylor, for the sum of $846.61, on a note made by Isaac Low, Pleasant M. Compton, and Thomas C. Taylor securities. Execution was issued in favor of Mays, and he collected one-half of the amount from Compton, and attempted to enforce the fi. fa. against Taylor for the other half. This was resisted by Taylor, on account of certain equities existing between…

2Cited by4 opinions

  1. Stanford v. ConnerySupreme Court of Georgia · 1890
  2. Whaley v. WhaleySupreme Court of Georgia · 1951
  3. Dollar v. GriffinSupreme Court of Georgia · 1930
  4. Rogers v. JordanCourt of Appeals of Georgia · 1926

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