Governor v. Daniel
Chatham Superior Court, Ga.
Fi. Fa. Affidavit of illegality. The action out of which arose the question submitted for the decision of the Court, was debt upon a bond, dated 26th April, 1825, in the sum of $400, conditioned to collate, arrange, and publish, the papers relating to the original settlement, and political history of Georgia, to be found in the Executive or Secretary of State's offices.
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Fi. Fa. Affidavit of illegality. The action out of which arose the question submitted for the decision of the Court, was debt upon a bond, dated 26th April, 1825, in the sum of $400, conditioned to collate, arrange, and publish, the papers relating to the original settlement, and political history of Georgia, to be found in the Executive or Secretary of State's offices. Variouspleas were pleaded, upon which the Jury rendered this verdict:—•“ We find the deed declared on, to be the deed of Jos. V. Bevan, &c. and we assess ten cents damages and costs.” The judgment entered was, “ Therefore it…
1Opinion of the Court
By MICOlffL, Jfiitlge.
IN the case out of which this question arises, which was an action of debt, upon a bond conditioned for the performance of certain acts, an issue of fact was joined, and the determination of it was submitted to the Jury.
To the Jury, therefore, exclusively belonged the trial of the point involved in the issue, and the ascertainment of the amount which the plaintiff was entitled to recover. The inquiry then, in the present proceeding, is not whether interest could have been recovered on the bond, on which the action was instituted, but whether such interest has been…
2Cases cited1 opinion
- People v. HallettNew York Supreme Court · 1825