Rawson v. McJunkins
Supreme Court of Georgia
In Equity, from Webster county. Tried before Judge Kikdoo, at September Term, 1850„ This was a bill filed by JohnS. Me Junkins against William A. Rawson, assignee, to enjoin proceedings on a fi. fa., and for relief.
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In Equity, from Webster county. Tried before Judge Kikdoo, at September Term, 1850„ This was a bill filed by JohnS. Me Junkins against William A. Rawson, assignee, to enjoin proceedings on a fi. fa., and for relief. The bill alleges, that on the 25th December, 1851, one Abram Prim, borrowed of Sterling Evans due @1,71200, and gave his promissory note, with plaintiff as his surety, due twelve months after date; that plaintiff was in no way interested in the consideration thereof. That at the April Term, 1852, suit was instituted upon said note, and at October Term, thereafter, judgment went…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
Were any of the grounds of the motion for a new trial good?
[1.] The first ground was the charge of the Court. That charge we think, was right. The assignee of a judgment, holds it subject to all the defences to which, the plaintiff in. it, held it subject. Such is the plain import of the statute Pr. Dig., 465. And so, it has been held by this Court, Colquitt vs. Bonner, 2 Kelly, 155.
The second ground was, that the verdict was, “ decidedly against the weight of evidence.”
A great question in the case was, whether the sum borrowed, $1,600, was…
2Cited by6 opinions
- Winn v. Armour & Co.Supreme Court of Georgia · 1937
- Register v. Southern States Phosphate & Fertilizer Co.Supreme Court of Georgia · 1924
- Sheffield v. PreacherSupreme Court of Georgia · 1932
- Odom v. AttawaySupreme Court of Georgia · 1931
- H-J Enterprises v. BennettCourt of Appeals of Georgia · 1968
1 more not listed; retrieve them via the Exa API.