Zeigler v. Scott
Supreme Court of Georgia
Assumpsit, in Crawford Superior Court. Motion for a new trial. Decided by Judge Stark, February Term, 1851. Plaintiff in error brought an action of assumpsit against the defendant in error, on a promissory note for $2498 00, dated in February, 1845, and due “one day after date,” on which note there were two credits, one for $100 00, dated 27th March, 1846, the other for $296 25, dated 5th April, 1847. The defendant filed the plea of usury, and served interrogatories on the…
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Assumpsit, in Crawford Superior Court. Motion for a new trial. Decided by Judge Stark, February Term, 1851. Plaintiff in error brought an action of assumpsit against the defendant in error, on a promissory note for $2498 00, dated in February, 1845, and due “one day after date,” on which note there were two credits, one for $100 00, dated 27th March, 1846, the other for $296 25, dated 5th April, 1847. The defendant filed the plea of usury, and served interrogatories on the plaintiff, under the Act of 1847. On the trial, it appeared from the answers of the plaintiff, that in 1838, the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Our investigation in this case, will be restricted to the single inquiry, whether the verdict of the Jury was contrary to evidence ? In other words, whether upon any hypothesis consistent with the proof, the finding of the Jury can be sustained?
In order to ascertain this satisfactorily, it becomes necessary to settle several important points of law ilii^iltoflffiuiiil^iL ij
[1.] What is the proper construction " thorizing discoveries at Common Law ? The Act providestmt the adverse party shall be compelled at tories on his oath or affirmation, and…
2Cases cited2 opinions
- Fanning v. DunhamNew York Court of Chancery · 1821
- Clarkson's adm'r. v. GarlandSupreme Court of Virginia · 1829
3Cited by11 opinions
- Baum v. ThomsIndiana Supreme Court · 1898
- Lee v. HillmanWashington Supreme Court · 1913
- Nash Loan Co. v. DixonSupreme Court of Georgia · 1935
- First National Bank v. DavisSupreme Court of Georgia · 1911
- Thompson v. Kansas City Life Ins. Co.Court of Appeals of Texas · 1937
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