Earnest v. Nappier
Supreme Court of Georgia
Action on note, in Catoosa Superior Court. Tried before-Judge Trippe, October Term, 1855. This was an action against Nappier and wife, by Earnest, •on the following note: By the 25th Dec. next, we promise to pay L. W. Earnest -or bearer, Six Hundred Dollars, for value received, this 2d July, 1849. E. W. KILO-ROW, CELIA PRICE. . Credited by $118 82, raised from sale of mortgaged property, April 5,1850. Also, by f25 25, July 7,1850. Both amounts paid by the Sheriff.
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Action on note, in Catoosa Superior Court. Tried before-Judge Trippe, October Term, 1855. This was an action against Nappier and wife, by Earnest, •on the following note: By the 25th Dec. next, we promise to pay L. W. Earnest -or bearer, Six Hundred Dollars, for value received, this 2d July, 1849. E. W. KILO-ROW, CELIA PRICE. . Credited by $118 82, raised from sale of mortgaged property, April 5,1850. Also, by f25 25, July 7,1850. Both amounts paid by the Sheriff. E. W. Kilgrow was a party to the action, hut not served. The plaintiff having introduced the note sued on, closed his case.…
1Opinion of the Court
*539 By the Court.
McDonald, J.
delivering the opinion.
The plaintiff moved for a new trial,, on six grounds stated an the motion. The Court refused the motion, and its decision is excepted to.
[1.] The first ground in the motion, is an alleged error of 'the Court in rejecting the evidence of Samuel S. Bailey. Before Bailey was tendered as a witness, the defendants had .given in evidence an execution with the- entries thereon, which had been issued on the foreclosure of a mortgage which had been read in evidence. On the execution there was a levy on a four horse road wagon, a bay horse and a sorrel…
2Cited by4 opinions
- Garrett v. WallCourt of Appeals of Georgia · 1923
- Lamar v. Coleman, Ray & Co.Supreme Court of Georgia · 1892
- Gary v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1931
- Smith v. MaplesCourt of Appeals of Georgia · 1966