Bigby v. Powell
Supreme Court of Georgia
Trover, in Coweta Superior Court—motion to enter up judgment. Decided by Judge Hill, September Term, 1853. In this case, the following statement of facts was agreed upon by counsel for the parties, in the Court below: “At the March Term, 1847, of the Superior Court of Coweta county, John Bigby instituted an action of trover, against John B. Russell, for the recovery of three negroes.
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Trover, in Coweta Superior Court—motion to enter up judgment. Decided by Judge Hill, September Term, 1853. In this case, the following statement of facts was agreed upon by counsel for the parties, in the Court below: “At the March Term, 1847, of the Superior Court of Coweta county, John Bigby instituted an action of trover, against John B. Russell, for the recovery of three negroes. At the September Term, 1847, plaintiff confessed judgment, for cost of suit, and took an appeal. At the September Term, 1850, a trial was had, and the Jury found for defendant. Upon this verdict, no judgment was…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
[1.] Was the Circuit Court right, in allowing the nunc pro •tune judgment to be entered up ?
On the one hand, it is contended, that Powell, the administrator of Russel, having taken no steps to prevent the new trial from proceeding, either by moving to continue the cause, or suing out at once a writ of error, with a supersedeas, there*93by elected to take tbe chance of having his rights properly adjudicated on the new trial; and is thus estopped from prosecuting, subsequently, his writ of error, to the previous judgment of the Court, ordering a new…
2Cited by8 opinions
- Young v. StateSupreme Court of Georgia · 1983
- Lowe v. BurkeSupreme Court of Georgia · 1887
- Holton v. LankfordSupreme Court of Georgia · 1939
- Bridges v. PooleSupreme Court of Georgia · 1933
- McKay v. McKayCourt of Appeals of Georgia · 1955
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