Sanders v. Etcherson
Supreme Court of Georgia
Guaranty. Tried before Judge Hutchins. Gwinnett Superior Court. November Term, 1866. The Lawrenceville Manufacturing Company, on the 1st August, 1854, made and delivered to John Etchison their note for $380.88, due one hundred and sixty days after its date.
Read the full summary
Guaranty. Tried before Judge Hutchins. Gwinnett Superior Court. November Term, 1866. The Lawrenceville Manufacturing Company, on the 1st August, 1854, made and delivered to John Etchison their note for $380.88, due one hundred and sixty days after its date. Subsequently, to-wit: on the 7th day of February, 1855, twenty-seven stockholders of said Company executed a guaranty in these words : “Georgia, Gwinnett Cownty. — We the the undersigned, stockholders of the Lawrenceville Manufacturing Company, hereby guarantee the payment of all the debts heretofore made and now outstanding against said'…
1Opinion of the CourtWalkek, J.
1. The return of the sheriff in this case is not very formal, but the legal effect of it is a return of non est inventus as to the parties not served. The petition alleges all the parties named as defendants, to be “ of said county.” Under this state of facts, had the plaintiff a right to proceed against those defendants who had been served ? Our understanding of the practice, under the act of 1820, Cobb’s N. D. 484-5, Code 3263, is, that upon a return of non est as to any defendant against whom suit has been brought, as of the county where the suit is located, the Court will permit the…
2Cited by7 opinions
- Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
- Ebner v. Gulf Oil CorporationCourt of Appeals of Georgia · 1959
- Barges Cycle Co. v. SchofieldSupreme Court of Georgia · 1900
- Continental Life Ins. v. BarnesSouth Dakota Supreme Court · 1930
- Crowe v. FisherCourt of Appeals of Georgia · 1961
2 more not listed; retrieve them via the Exa API.