Reynolds v. Lyon
Supreme Court of Georgia
Attachment, &c. in Baker. Tried before Judge Allen, , May Term, 1856. Thomas Lyon sued out an attachment against William Reynolds, founded upon which a declaration was filed declaring upon two judgments alleged to have been obtained by the plaintiff against the defendant, one for $79 principal debt, $85 70 interest and costs of suit, and the other for $59 50 ' principal, $9 24 interest and costs. Both judgments obtained at the October Term, 1840, of Lincoln Superior Court..
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Attachment, &c. in Baker. Tried before Judge Allen, , May Term, 1856. Thomas Lyon sued out an attachment against William Reynolds, founded upon which a declaration was filed declaring upon two judgments alleged to have been obtained by the plaintiff against the defendant, one for $79 principal debt, $85 70 interest and costs of suit, and the other for $59 50 ' principal, $9 24 interest and costs. Both judgments obtained at the October Term, 1840, of Lincoln Superior Court.. Upon the trial the plaintiff offered in evidence exemplifica- ■ Lons of the said two judgments. To which defendant…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
[1.] There was no process to the declaration in the original case in Lincoln County, in which a judgment was rendered for seventy-nine dollars. There was no waiver of process by the defendant. The whole proceedings, in this case, are void for the want of process under the Judiciary Act of 1T99, and it is not aided by the Act of 1840. Little vs. Ingram et al. (16 Ga. R. 194.) The Court, therefore, erred in admitting in evidence the exemplification of that judgment.
There was a waiver of copy and process in the other case, and the exemplification…
2Cited by2 opinions
- Carter v. PennSupreme Court of Georgia · 1888
- Lassiter v. CarrollSupreme Court of Georgia · 1891