Ballard v. Peoples' Bank
This text of 61 Ga. 458 (Ballard v. Peoples' Bank) 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.
Opinion
By the act of February 19th, 1873, all laws on the subject of usury were repealed. It was after this repeal that the new note was given, and the deed was made to secure it. There was, therefore, no law in existence by virtue of which the deed could become infected. Where there is no law there can be no transgression. The deed was legally pure, no matter how tainted some of the original notes may have been. Under the special facts of the case, other views might be urged in support of the deed, but the view we have presented will suffice to vindicate the judgment granting a new trial.
Judgment affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
61 Ga. 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ballard-v-peoples-bank-ga-1878.