Beckwith v. Carleton & Co.
Supreme Court of Georgia
Complaint in Muscogee Superior Court. Tried at May Term, 1858, before Judge Iverson. Samuel Gr. Beckwith, as maker, and Edward T. Taylor, as indorser of two promissory notes, were sued under the form prescribed in the Act of 1847, in the same action. The notes were made payable at the Agency of the Mechanic’s Bank at Columbus. The writ did not aver any demand, protest or notice. On the trial, the defendants demurred to the action for mis-joinder.
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Complaint in Muscogee Superior Court. Tried at May Term, 1858, before Judge Iverson. Samuel Gr. Beckwith, as maker, and Edward T. Taylor, as indorser of two promissory notes, were sued under the form prescribed in the Act of 1847, in the same action. The notes were made payable at the Agency of the Mechanic’s Bank at Columbus. The writ did not aver any demand, protest or notice. On the trial, the defendants demurred to the action for mis-joinder. The Court over-ruled the demurrer, and defendants excepted. To the notes being placed in evidence, the indorser objected; which being overruled, he…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
A “ complaint” was filed under the Short Forms Act, in Muscogee Superior Court, at the instance of Oarleton & Co. on two promissory notes, against Samuel Beckwith, as maker, and Edward Taylor as indorser, amounting, together, to eleven hundred and fourteen dollars and four cents. The notes were to be paid at the agency of the Mechanic’s Bank at Columbus. On the trial, when the declaration was read, it was demurred to, on the ground of the mis-joinder of improper defendants. The Court over-ruled the objection, and the defendants’ counsel excepted.
2Cited by5 opinions
- Giles v. SpinksSupreme Court of Georgia · 1879
- Wilson v. Exchange BankSupreme Court of Georgia · 1905
- Butler v. Marine & Fire Insurance BankSupreme Court of Georgia · 1855
- Cox v. Mechanics' Savings BankSupreme Court of Georgia · 1859
- Fincher v. Stanley Electric Manufacturing Co.Supreme Court of Georgia · 1910