Jackson v. Tift
Supreme Court of Georgia
Rule, to distribute money, in Dougherty Superior Court» Decision by Judge Perkins, June Term, 1854. The questions- in this case, arose upon a motion to distribute a fund in the hands of the Sheriff.
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Rule, to distribute money, in Dougherty Superior Court» Decision by Judge Perkins, June Term, 1854. The questions- in this case, arose upon a motion to distribute a fund in the hands of the Sheriff. Objection was made td a fi. fa. in favor of John Jaclcson: ■ 1st. Because the judgment on which it was founded, was.in a suit against two joint-contractors, and judgment was confessed by one for both of them, and the party confessing judgment, Was not the one whose money was now being distributed by the Court. 2d. Because there was on the fi. fa. a levy on the tract of land, which levy has been…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
[1.] Conld the execution of Jackson be attacked, on account of the supposed .defect in the confession of judgment ? We think not. The authority upon which one of the defendants confessed for his co-defendant, need not appear in the re.~ cord; and we are bound to presume .in favor of the regularity of the judgment—that is, that it was made upon sufficient evidence.
[2.] Shall Jackson’s debt be adjudged to be extinguished, under the facts of this case ? ’. It is to be regretted that the record is not more full. Owing .to the scantiness, as well as…
2Cited by8 opinions
- Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906
- Pitts Banking Co. v. FennSupreme Court of Georgia · 1925
- Marshall v. DixonSupreme Court of Georgia · 1889
- McDuffie v. Merchants BankSupreme Court of Georgia · 1929
- Burner v. Mutual Protective Ass'n of West VirginiaWest Virginia Supreme Court · 1936
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