Davis v. Alexander
Supreme Court of Georgia
Complaint, from Whitfield county. Decision by Judge Trippe, at October Term, 1858. William W. Alexander brought suit (under the form prescribed by Act of 1847,) against David M. Davis, as maker, and Berry Gazzaway, as endorser of a promissory note.
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Complaint, from Whitfield county. Decision by Judge Trippe, at October Term, 1858. William W. Alexander brought suit (under the form prescribed by Act of 1847,) against David M. Davis, as maker, and Berry Gazzaway, as endorser of a promissory note. At the October Term, 1858, of Whitfield Superior Court, the case was called in its order for trial, and plaintiff failing to appear and prosecute his cause, on motion of defendant’s counsel, the cause was dismissed, and an order regularly entered dismissing the same, with leave to defendant to enter up judgment for cost. A few days after this order…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
Was the Court below right in reinstating the case ? We think that it was.
It-does not appear, that the reinstating of the case, worked any detriment to the defendant’s defence, if he had any; and it is not to be presumed, that, it did, as the reinstating happened at the same Term of the dismissal.
And it can hardly be said, that Alexander was' guilty of culpable negligence. Doubtless, his understanding of what was the agreement between the administrator of Mr. Sterns, and Mr. McCutchin, was, that Mr. McCutchin was engaged to attend to all of the…
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- Drain Tile Machine Inc. v. McCannonCourt of Appeals of Georgia · 1949
- Strachan & Co. v. WolfeCourt of Appeals of Georgia · 1907
- Allison v. GarberCourt of Appeals of Georgia · 1935
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