Short v. Cohen
Supreme Court of Georgia
Motion to dismiss an appeal, in Chatham Superior Court. Decided by Judge H. R. Jackson, June Term, 1851. Two motions were made in this cause — one, to have the cause entered on the Appeal Docket, the other, to dismiss the appeal. Both were founded upon the same question, and involved the same, and a single point.
Read the full summary
Motion to dismiss an appeal, in Chatham Superior Court. Decided by Judge H. R. Jackson, June Term, 1851. Two motions were made in this cause — one, to have the cause entered on the Appeal Docket, the other, to dismiss the appeal. Both were founded upon the same question, and involved the same, and a single point. D. L. Cohen, against whom a decree was rendered, at January Term, 1851, in favor of Short and others, within four days after the adjournment of the Court, demanded an appeal. The usuiil bond, with security, was entered on the minutes of the Court, and attested by the Clerk, in which…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The appeal was certainly properly entered on the Appeal Docket. From the minutes of the Court, it appeared to the presiding Judge, that an appeal had been entered according to law. He was bound to recognize the appeal to be valid, so far as to place it upon the docket; particularly, as so placing it, would not preclude any rights which the plaintiffs in error might have, growing out of its alleged irregularity. For it was competent for them, notwithstanding its being entered on the docket, to move to dismiss it. This right to move for its…
2Cited by9 opinions
- Pearce & Renfroe v. Renfroe Bros.Supreme Court of Georgia · 1881
- Wigton v. WigtonSupreme Court of Colorado · 1917
- Selma, Rome & Dalton Railroad v. GammageSupreme Court of Georgia · 1879
- Jackson v. HaislySupreme Court of Florida · 1891
- In re Local Improvement Districts Numbers 29 to 37Washington Supreme Court · 1919
4 more not listed; retrieve them via the Exa API.