Jernigan v. Carter
Supreme Court of Georgia
Practice in the Superior Court. Pleading. Before Judge James Johnson. Marion Superior Court. April Term, 1873. Neal Carter brought complaint against Sarah L. Jernigan* as executrix of Ptolemy Jernigan, deceased, on a promissory note dated March 5th, 1861, for the sum of $794 93. Pou & Little, attorneys, were marked for the plaintiff, and M. H. Blandford, attorney, for the defendant. When said cause was called M. PI. Blandford announced ready for plaintiff.
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Practice in the Superior Court. Pleading. Before Judge James Johnson. Marion Superior Court. April Term, 1873. Neal Carter brought complaint against Sarah L. Jernigan* as executrix of Ptolemy Jernigan, deceased, on a promissory note dated March 5th, 1861, for the sum of $794 93. Pou & Little, attorneys, were marked for the plaintiff, and M. H. Blandford, attorney, for the defendant. When said cause was called M. PI. Blandford announced ready for plaintiff. B. B. Hiiiton, attorney for defendant, moved for a continuance, stating in his place as a reason, that he had only been retained a few…
1Opinion of the Court
McCay, Judge.
1. If the facts set forth in the plea tendered as an amendment be true, a judgment in favor of either the plaintiff or defendant would be void, since it is absurd to say that anything can be determined in a suit where one of the parties was dead at the commencement of the suit. If this was not known to the defendant when the suit was brought, and she has brought it to the knowledge of the court' as soon as she ■discovered it, she is in no laches, and she was entitled to her amendment.
2. "We do not think it was necessary, under our law, to withdraw the plea of general issue before…
2Cited by8 opinions
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- Western & Atlantic Railroad v. PittsSupreme Court of Georgia · 1887
- Milam v. TerrellSupreme Court of Georgia · 1958
- Home Owners Loan Corp. v. BrazzealCourt of Appeals of Georgia · 1940
- Burson v. LunsfordCourt of Appeals of Georgia · 1936
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