Johnson v. Johnson
Supreme Court of Georgia
New Trial, from Decatur county. Tried before Judge Allen, October Term, 1859. The plaintiff in error brought suit, by attachment, to recover of the defendant $300 00, alleged to have been paid by him as security for defendant, on a certain promissory note. On the trial, the plaintiff submitted proof as to his being security only on said note, and the taking up of the note by him as such security, and rested his case.
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New Trial, from Decatur county. Tried before Judge Allen, October Term, 1859. The plaintiff in error brought suit, by attachment, to recover of the defendant $300 00, alleged to have been paid by him as security for defendant, on a certain promissory note. On the trial, the plaintiff submitted proof as to his being security only on said note, and the taking up of the note by him as such security, and rested his case. The note was made payable to one Fillyaw, and was in the hands of one A. K. Allison for collection, at the time plaintiff took it up. Defendant proved by said Allison, that…
1Opinion of the Court
*859 By the Court.
Lumkin, J.,
delivering the opinion.
This is an attachment sued out by Timothy M. Johnson against Thomas E. Johnson, to recover three hundred dollars which the plaintiff, in attachment, alleges he has paid out for defendant as his security. Evidence was submitted on both sides, and the jury on the appeal found for the defendant. A new trial is asked for on two grounds : 1st. Because' the verdict is contrary to the evidence, and secondly, because the Court erred in rejecting certain exemplifications of record from Gadsden county, State of Florida.
As to the latter ground, we will…
2Cited by2 opinions
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- Green v. FordSupreme Court of Georgia · 1887