Brown v. Padgett

Supreme Court of Georgia

Brown v. Padgett

36 Ga. 609

DecidedDecember 15, 1867

StatusPublished

This text of 36 Ga. 609 (Brown v. Padgett) 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

Brown v. Padgett, 36 Ga. 609 (Ga. 1867).

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Opinion

Walker, J.

The evidence showed that the note sued on, was given to suppress a prosecution for felony, and is therefore void; the transaction itself was criminal, Eev. Code, Sec. 4423; and if the note had been paid, would have been no defence to an action for the tort, the alleged taking of the mare. Eev. Code, Secs. 2999, 3000. Such being the case, the Court erred in dismissing the certiorari.

Judgment reversed.

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Walker, J.

The evidence showed that the note sued on, was given to suppress a prosecution for felony, and is therefore void; the transaction itself was criminal, Eev. Code, Sec. 4423; and if the note had been paid, would have been no defence to an action for the tort, the alleged taking of the mare. Eev. Code, Secs. 2999, 3000. Such being the case, the Court erred in dismissing the certiorari.

Judgment reversed.

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Bluebook (online)

36 Ga. 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-padgett-ga-1867.