Connell v. Sharpe
Supreme Court of Georgia
Gertiorari, in Carroll Superior Court, decided by Judge Hammond, at the October Term, 1860. Hiram Sharpe brought twenty-two suits in the Justice’s Court of the 714th district, G. M., of Carroll county, against George T. Connell, principal, and Benjamin M. Long, security, on twenty-two due bills, twenty-one of them for $50 00 each, and one for $41 11. The defendant pleaded the general issue and usury.
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Gertiorari, in Carroll Superior Court, decided by Judge Hammond, at the October Term, 1860. Hiram Sharpe brought twenty-two suits in the Justice’s Court of the 714th district, G. M., of Carroll county, against George T. Connell, principal, and Benjamin M. Long, security, on twenty-two due bills, twenty-one of them for $50 00 each, and one for $41 11. The defendant pleaded the general issue and usury. At the May Term of said Justice’s Court, the cases were called for trial, and it was agreed by the counsel of the parties that the trial and judgment in one of the cases should control and govern…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
Whatever opinion may be entertained of this case outside of the record, upon the showing made, the defendant was entitled to a continuance, not on account of the absence of the witness, Chance, for his testimony went to establish an immaterial issue, and one which could not have availed the defendant, but on account of the providential absence of the *445defendant himself, and that he could not go safely to trial without him. True, the plaintiffs’ counsel dispensed with the preliminary showing by defendant, to enable him to examine the plaintiffs as…
2Cited by3 opinions
- Harrah v. MorgenthauDistrict Court, District of Columbia · 1937
- Webb v. CarpenterSupreme Court of Georgia · 1929
- Morse v. LoweSupreme Court of Georgia · 1900