Griffin v. Justices of the Inferior Court
Supreme Court of Georgia
Assumpsit and motion for new trial, in Baker Superior Court. Decision by Judge Perkins, November Term, 1854. This was a suit by the Inferior Court of Baker County against Griffin as the administrator of Sikes, upon a -promissory note made by Sikes during his life-time, and upon which there was a credit of an amount paid by the administrator since the death of Sikes, and before the bar of the Statute of Limitations had attached.
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Assumpsit and motion for new trial, in Baker Superior Court. Decision by Judge Perkins, November Term, 1854. This was a suit by the Inferior Court of Baker County against Griffin as the administrator of Sikes, upon a -promissory note made by Sikes during his life-time, and upon which there was a credit of an amount paid by the administrator since the death of Sikes, and before the bar of the Statute of Limitations had attached. There was a verdict for plaintiffs and a motion for a new trial on various grounds, reducible to two— 1st. Because the Court erred in over-ruling defendants demurrer…
1Opinion of the Court
*97 By the Court.
Benning, J.
delivering the opinion.
[1.] The over-ruling of a demurrer to a declaration, even if wrong, is no ground for a new trial. If the cause of demurrer be such that the demurrer should have been sustained instead of over-ruled, that cause may be such as to be availed of in a motion to arrest the judgment. If it cannot be made use of to arrest the judgment, it cannot be made use of at all. It certainly cannot be made use of to get another Jury trial.
In this caso, however, the declaration seems, to this Court, to be sufficient.
The acknowledgment, of a debt, by the debtor,…
2Cited by11 opinions
- Robson v. StateSupreme Court of Georgia · 1889
- Willbanks v. UntrinerSupreme Court of Georgia · 1896
- Turnpike Co. v. YatesTennessee Supreme Court · 1902
- Seymour v. StateSupreme Court of Georgia · 1953
- Henderson v. StateSupreme Court of Georgia · 1905
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