Legal Opinion

Ballard v. Bancroft—Ballard

Supreme Court of Georgia

Decided November 15, 1860PublishedCited by 5 opinions

Motion to dismiss actions, in Jasper Superior Court. Decided by Judge Harris, at the April Term, i860. These two cases involved the same questions, and were consolidated, and heard together, by consent. Two actions of assumpsit were pending in Jasper Superior Court, against William A. Ballard; one in favor of Dyer C. Bancroft, and the other in favor of Dyer C. Bancroft and Andrew J. Watters, executors of John C. Watters, deceased.

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Motion to dismiss actions, in Jasper Superior Court. Decided by Judge Harris, at the April Term, i860. These two cases involved the same questions, and were consolidated, and heard together, by consent. Two actions of assumpsit were pending in Jasper Superior Court, against William A. Ballard; one in favor of Dyer C. Bancroft, and the other in favor of Dyer C. Bancroft and Andrew J. Watters, executors of John C. Watters, deceased. When these cases were called in their order, counsel for the defendant moved to dismiss them, on the ground that the clerk had failed to annex original processes to…

1Opinion of the Court

By the Court. —

Jenkins, J.,

delivering the opinion.

1. The first exception taken to the rulings of the Court below, is to that overruling the defendant’s objection to the competency of one Campbell, who was the clerk of the Court when the declarations in these cases were filed; the object being to show that processes had been annexed to' the declarations when filed. Was Campbell a competent witness? Had the plaintiff’s action failed, by reason of his neglect to annex processes to the declarations, he would have been liable to the plaintiff for damages. Again, the law allows the clerk of the…

2Cases cited2 opinions

  1. McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
  2. Branch v. Mechanics' BankSupreme Court of Georgia · 1873

3Cited by5 opinions

  1. McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
  2. Womble v. Commercial Credit Corp.Supreme Court of Georgia · 1974
  3. Lassiter v. CarrollSupreme Court of Georgia · 1891
  4. Register v. SandersCourt of Appeals of Georgia · 1961
  5. Southern Railway Co. v. NewtonSupreme Court of Georgia · 1899

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