Simpson v. Wicker
Supreme Court of Georgia
Attachment. Before Judge Fite. Gordon superior court. September 29-, 1903. Dr. Wicker brought suit by attachment against Mrs. Simpson. The defendant pleaded that the suit was barred by the statute of limitations; that she was a married woman and had never undertaken to pay the debt sued on, which was for medical services rendered to herself; and that the debt had been paid by her husband.
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Attachment. Before Judge Fite. Gordon superior court. September 29-, 1903. Dr. Wicker brought suit by attachment against Mrs. Simpson. The defendant pleaded that the suit was barred by the statute of limitations; that she was a married woman and had never undertaken to pay the debt sued on, which was for medical services rendered to herself; and that the debt had been paid by her husband. The suit was brought in 1903. There was evidence that in 1895 the defendant, who had been residing with her husband in Alabama, returned to Georgia, where she had formerly resided, and while ill employed the…
1Opinion of the CourtLamar, J.
1. Under the requirements of the Civil Code, §5614, the clerk of this court'has raised the question as to *420whether an affidavit in forma pauperis made in a foreign State before a notary public is sufficiently authenticated' by that officer’s seal, where there is nothing further to show that he has statutory authority to administer oaths. The matter is of practical importance, inasmuch as it involves the admissibility of such affidavits on applications for injunction, and in other legal proceedings. Nor is it free from difficulty; for there is great conflict in the decisions as to whether a…
2Cases cited4 opinions
- Cook v. WalkerSupreme Court of Georgia · 1854
- Charles v. FosterSupreme Court of Georgia · 1876
- Shockley v. TurnellSupreme Court of Georgia · 1901
- Brunswick Hardware Co. v. BinghamSupreme Court of Georgia · 1899
3Cited by9 opinions
- Brooks v. StateCourt of Appeals of Georgia · 1940
- Gonackey v. General Accident, Fire & Life Assurance Corp.Court of Appeals of Georgia · 1909
- Ballew v. Broach & McCurrySupreme Court of Georgia · 1904
- Aspinwall v. HollandCourt of Appeals of Georgia · 1929
- Red Line Products Co. v. J. M. High Co.Court of Appeals of Georgia · 1936
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