Hambrick v. Crawford
Supreme Court of Georgia
Injunction. Illegality. Attorney. Practice in the SuperiorCourt. Before Jude Hall. Henry County. At Chambers. June 5th, 1875. Crawford filed his bill against Hambrick making in substance, the following case: On January 12th, 1856, he became security on a note given to defendant, as administrator of Sarah James by'James F. Johnson, for $1,675 00, in consideration of the purchase of certain slaves. James F. Johnson was then solvent.
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Injunction. Illegality. Attorney. Practice in the SuperiorCourt. Before Jude Hall. Henry County. At Chambers. June 5th, 1875. Crawford filed his bill against Hambrick making in substance, the following case: On January 12th, 1856, he became security on a note given to defendant, as administrator of Sarah James by'James F. Johnson, for $1,675 00, in consideration of the purchase of certain slaves. James F. Johnson was then solvent. The name of J. H. Johnson, the brother of the principal, was also signed to said note as security in advance of complainant’s. He was then perfectly solvent. On…
1Opinion of the Court
Bleckley, Judge.
The notes of decision, as read from the bench, and set out above, present very fully the views of the court on the several points embraced in this case.
The remedy by affidavit of illegality was adequate and ample, if the defendant had used it, to the full extent, when he had recourse to it. The mistake of his counsel in confining the affidavit to one ground only, which proved insufficient, cannot be recognized as a good excuse for omitting the other grounds. If the mistakes of counsel in their professional opinions, acted upon in the conduct .of litigation, were cause for…
2Cited by7 opinions
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- Moore v. . Industrial Co.Supreme Court of North Carolina · 1905
- Cavanaugh v. Art Hardware & Manufacturing Co.Washington Supreme Court · 1923
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