Henderson v. Merritt
Supreme Court of Georgia
Debt. Motion for new trial.. Decided by Judge Speek. Henry Superior Court. October Term, 1867. Merritt filed, in the County-Court, a petition to establish certain notes, which he claimed were executed-by John W. Langford and John W. Henderson, payable to himself, and which he had lost.
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Debt. Motion for new trial.. Decided by Judge Speek. Henry Superior Court. October Term, 1867. Merritt filed, in the County-Court, a petition to establish certain notes, which he claimed were executed-by John W. Langford and John W. Henderson, payable to himself, and which he had lost. Henderson appeared, September, 1866, and defended, pleading that if such notes were ever in existence, they were paid, and that he never signed nor made the original notes, nor authorized any one to do so for him. The jury found for the plaintiff, and a rule absolute was had, establishing the copy-notes, in…
1Opinion of the CourtWarner, J.
The error assigned in this case to the judgment of the Court below, is in rejecting the evidence offered by the defendant to prove the agreement set forth in the record, in consideration that he would not certiorari the case decided by the County-Court, and in striking out the defendant’s plea of non est factum. This was not such a consent between attorneys and parties as is contemplated by the rule of Court requiring such consent to be given in writing; or rather, it does not come within the reason and spirit of that rule. It .was not a consent to waive evidence or pleading. It was a…
2Cited by4 opinions
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