Porter v. McCollum
Supreme Court of Georgia
Certiorari. ' Dougherty Superior Court, May Term, 1854. Decision by Judge Perkins. This was originally an action in a Justice’s Court, brought by the bcarer, the plaintiff in error, upon a promissory note, under seal, made by the defendants in error, and payable to “Nancy Kelly or bearer”. That Court dismissed the action, on the ground that such an instrument was not transferable by delivery.
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Certiorari. ' Dougherty Superior Court, May Term, 1854. Decision by Judge Perkins. This was originally an action in a Justice’s Court, brought by the bcarer, the plaintiff in error, upon a promissory note, under seal, made by the defendants in error, and payable to “Nancy Kelly or bearer”. That Court dismissed the action, on the ground that such an instrument was not transferable by delivery. On certiorari, the Superior Court affirmed this decision, and this is the error assigned in this Court. A preliminary motion was made, to dismiss the writ of error, on the ground that there was no…
1Opinion of the Court
By the Court.
Starnes, J.,
delivering the opinion.
[1.] We think that a fair and reasonable construction of the entry on the original notice, is an acknowledgment of service, as to that notice,.-and a waiver of service, as to all the other proceedings necessary to carry the ease to the Supreme Court.
The defendant- in error acknowledges service of the notice in terms; it wa|.-qaite unnecessary and superfluous to add a waiver of further-'service of that.notice ; it would seem unreasonable, therefore, to hbld that it was the defendant’s intention, by this entry, to make such waiver. But it was very…
2Cases cited2 opinions
- Clark v. Farmers' Woollen Manufacturing Co.New York Supreme Court · 1836
- Warren v. LynchNew York Supreme Court · 1810
3Cited by1 opinion
- Van Dyke v. Van DykeSupreme Court of Georgia · 1905