Dannelly v. Speer

Supreme Court of Georgia

Dannelly v. Speer

7 Ga. 227

CourtSupreme Court of Georgia

DecidedAugust 15, 1849

DocketNo. 44

StatusPublished

Cited by1 cases

This text of 7 Ga. 227 (Dannelly v. Speer) 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

Dannelly v. Speer, 7 Ga. 227 (Ga. 1849).

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Opinion

[228]*228By the Court. —

Nisbet, J.

[1.] If aplaintiff dismissesliis action there is no case in Court— nothing upon which our judgment could operate, if we should hold that there is error; and if we should affirm, so far as the case is concerned, it would be supererogatory. The plaintiff could have excepted to the opinions when given by the Court below, which he says constrained him to dismiss, and gone on to trial. He could have appealed and excepted on the appeal. A writ of error will not lie from a voluntary nonsuit. Union Bank vs. Carr, 2 Humph. 345. 3 How. Miss. 332. Trice vs. Smith, 6 Yerg. 319. Howell vs. Pitman, 5 Miss. 246. Atkinson vs. Lane, 7 Miss. 403. Kelvy vs. Ross, 6 Blackf. 536. Vestall vs. Burditt, 6 Blackf. 555.

Note. — See ante, Mott vs. Hill’s adm’r, p. 79, — [Rep.]

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[228]*228By the Court. —

Nisbet, J.

[1.] If aplaintiff dismissesliis action there is no case in Court— nothing upon which our judgment could operate, if we should hold that there is error; and if we should affirm, so far as the case is concerned, it would be supererogatory. The plaintiff could have excepted to the opinions when given by the Court below, which he says constrained him to dismiss, and gone on to trial. He could have appealed and excepted on the appeal. A writ of error will not lie from a voluntary nonsuit. Union Bank vs. Carr, 2 Humph. 345. 3 How. Miss. 332. Trice vs. Smith, 6 Yerg. 319. Howell vs. Pitman, 5 Miss. 246. Atkinson vs. Lane, 7 Miss. 403. Kelvy vs. Ross, 6 Blackf. 536. Vestall vs. Burditt, 6 Blackf. 555.

Note. — See ante, Mott vs. Hill’s adm’r, p. 79, — [Rep.]

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7 Ga. 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dannelly-v-speer-ga-1849.

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