Legal Opinion

Hamer v. Sears

Supreme Court of Georgia

Decided June 1, 1888PublishedCited by 11 opinions

Equity. Holidays. Judgments. Before Judge Smith. Muscogee county. At Chambers, April 7, 1888. "W. J. Iiamer filed his bill against W. H. Sears and the sheriff of Muscogee county, alleging as follows: Complainant was the security for his brother, A. Hamer, on a promissory note given Sears. Though the note does not recite the consideration for it, it was really given for a bay horse.

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Equity. Holidays. Judgments. Before Judge Smith. Muscogee county. At Chambers, April 7, 1888. "W. J. Iiamer filed his bill against W. H. Sears and the sheriff of Muscogee county, alleging as follows: Complainant was the security for his brother, A. Hamer, on a promissory note given Sears. Though the note does not recite the consideration for it, it was really given for a bay horse. After the giving of the note, over the objection of complainant and without his knowledge, Sears aided A. Hamer to trade the horse for a grey mare; and afterwards, over complainant’s objection and without'his…

1Opinion of the Court

Blandford, Justice.

1. This is an exception to the refusal of the court to grant an injunction. "We have carefully considered the bill filed by the plaintiff in error against the defendants in error, and fail to see any equity therein.

*2902. The main, ground of equity relied on is, that the judgment was rendered on the 4th of July, and it was contended that the 4th of July was dies non juridicus, .and that therefore the judgment was void. We have a ■different opinion. There is no statute of this State that inhibits tbe courts from sitting on the 4th of July, if it fall not on Sunday, or which…

2Cited by11 opinions

  1. Jones v. CullenIndiana Supreme Court · 1895
  2. Biggers v. Home Building & Loan Ass'nSupreme Court of Georgia · 1934
  3. Watson v. MayorSupreme Court of Georgia · 1902
  4. Lumpkin v. CuretonSupreme Court of Georgia · 1903
  5. Garner v. Tulsa Bldg. & Loan Ass'nSupreme Court of Oklahoma · 1928

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