Mitchell v. Addison
Supreme Court of Georgia
Certiorari, from- Franklin Superior, Court. Decided by Judge Jackson, October Term, 1855. ‘ Josiah Addison brought h[g action in 1854, in the Justice’s Court, against William W. Mitchell, for the price of 500 pounds of pork, at five dollars per hundred, furnished to defendant in January, 1840. On the trial before a Jury, plaintiff introduced W. J. Oliver, who testified, that in June, 1853, he heard a controversy between plaintiff and defendant, about two fi. fas. in favor of…
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Certiorari, from- Franklin Superior, Court. Decided by Judge Jackson, October Term, 1855. ‘ Josiah Addison brought h[g action in 1854, in the Justice’s Court, against William W. Mitchell, for the price of 500 pounds of pork, at five dollars per hundred, furnished to defendant in January, 1840. On the trial before a Jury, plaintiff introduced W. J. Oliver, who testified, that in June, 1853, he heard a controversy between plaintiff and defendant, about two fi. fas. in favor of defendant against plaintiff, which had been' levied; plaintiff had the older fi. fá. and asked defendant where was the…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Did the evidence warrant the finding of any verdict against the plaintiff in error ? This is the first question.
And this depends on the question, whether the evidence took the action out of the Statute of Limitations.
The witnesses for Addison, the plaintiff in the action, swore that Mitchell, .the defendant in the action, said that the pork was credited on the note on which the younger fi. fa. was founded; and that if it was not, he would pay said plaintiff for it.
The note was produced, and there was no such credit on it.
This evidence, if…
2Cited by9 opinions
- Southern Railway Co. v. Oliver & MorrowCourt of Appeals of Georgia · 1907
- Western Lumber Co. v. Chicago, R. I. & G. Ry. Co.Court of Appeals of Texas · 1915
- Commercial Union Assurance Co. of London, Ltd. v. MeyerCourt of Appeals of Texas · 1895
- Scarritt Estate Co. v. J. F. Schmelzer & Sons Arms Co.Missouri Court of Appeals · 1905
- Stewart v. BerrySupreme Court of Georgia · 1890
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