Russell v. Hubbard
Supreme Court of Georgia
Practice in Superior Court, Administrators and Executors. Comity. Set-off. Newly Discovered Evidence. Before Judge Marshall Clarke. City Court of Atlanta.
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Practice in Superior Court, Administrators and Executors. Comity. Set-off. Newly Discovered Evidence. Before Judge Marshall Clarke. City Court of Atlanta. September Term, 1885. To the report contained in the decision, it is necessary to add only that the following were among the grounds of the motion for a new trial: (1.) Because tíie court refused to strike the pleas'idled by the defendant, on the ground that they were filed after the defendant, wás in default, without leave of court and' without having the default set aside or paying costs. [The declaration was filed May 13,1884. The pleas…
1Opinion of the Court
Hall, Justice..To this suit on a promissory note,made by the defendant on the 15th day of October, 1879, payable to the order of plaintiff’s testator, who lived and died in the state of Alabama, and whose will, was proved in that state, several defences were set up, and among them payment and set-off. The set-off consisted of a promissory note purporting to have been made by testator to. defendant on the 29th' of September, 1875, and payable to the defendant or bearer. Among the replies made to these pleas was one to the effect that, by the law of Alabama (which was in evidence), all claims…
2Cases cited2 opinions
- Ray v. DennisSupreme Court of Georgia · 1848
- Swift v. SwiftSupreme Court of Georgia · 1853
3Cited by4 opinions
- Cunningham & Co. v. CuretonSupreme Court of Georgia · 1895
- Barrett v. PascoeSupreme Court of Georgia · 1893
- Scenic Heights Development Corp. v. HarrySupreme Court of Georgia · 1963
- Johnson v. McCurrySupreme Court of Georgia · 1897