Addison v. Fayette

Supreme Court of Georgia

Addison v. Fayette

40 Ga. 326

DecidedDecember 15, 1869

StatusPublished

This text of 40 Ga. 326 (Addison v. Fayette) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Addison v. Fayette, 40 Ga. 326 (Ga. 1869).

Pincite

Opinion

McCay; J.

This case must be controlled by the cases of White vs. Haslett and White vs. Herndon, decided at this terin. We held in those cases that the Act of 1868 was constitutional, even as applied to judgments. If the defendant has any equitable reason why this judgment should not be collected, he has a right to pursue the course pointed out by that Act to get his remedy. So far as he has gone in this case he has pursued the very words of the Act. He was - entitled to tender to the plaintiff an issue^as provided by the Act. This he was prevented from doing by the dissmisal of the case, and we reverse the judgment dismissing the case.

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McCay; J.

This case must be controlled by the cases of White vs. Haslett and White vs. Herndon, decided at this terin. We held in those cases that the Act of 1868 was constitutional, even as applied to judgments. If the defendant has any equitable reason why this judgment should not be collected, he has a right to pursue the course pointed out by that Act to get his remedy. So far as he has gone in this case he has pursued the very words of the Act. He was - entitled to tender to the plaintiff an issue^as provided by the Act. This he was prevented from doing by the dissmisal of the case, and we reverse the judgment dismissing the case.

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Bluebook (online)

40 Ga. 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/addison-v-fayette-ga-1869.