Penfold, Clay & Co. v. F. P. Singleton & Co.
Supreme Court of Georgia
Motion - to set aside a judgment. Decided by Judge Clarice. Clay Superior Court. August Term, 1867. Penfold, Clay & Co., by their attorney, S. S. Stafford, sued F. P. Singleton & Co., on a promissory note for $538.33, dated 29th March, 1860, and due six months thereafter. The case was returned to June Term, 1861, of Clay Superior Court.
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Motion - to set aside a judgment. Decided by Judge Clarice. Clay Superior Court. August Term, 1867. Penfold, Clay & Co., by their attorney, S. S. Stafford, sued F. P. Singleton & Co., on a promissory note for $538.33, dated 29th March, 1860, and due six months thereafter. The case was returned to June Term, 1861, of Clay Superior Court. During the war, on motion of Stafford, who represented the case of Penfold, Clay & Co., as attorney in the Court, an order was taken reciting that plaintiffs were “ alien enemies under the Act of Sequestration of the Confederate States of 1861,” and “ William…
1Opinion of the CourtWarner, C. J.
The error assigned to the judgment of the Court below in this case, is the overruling the motion to set aside the judgment against the defendants. It appears from the record, that a suit was pending in the Superior Court of Clay county, in favor of Penfold, Clay & Co., vs. F. P. Singleton & Co., upon a promissory note. The suit was brought by Stafford, as the attorney of Penfold, Clay & Co.
Pending the suit, it being represented that Penfold, Clay & Co. were alien enemies, on motion of Stafford, their attor*558ney, an order was passed by the Court niaking ¥m. C. Daniel, receiver of the Confederate…
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