Elder v. Whitehead

Supreme Court of Georgia

Elder v. Whitehead

25 Ga. 262

CourtSupreme Court of Georgia

DecidedMarch 15, 1858

StatusPublished

Cited by8 cases

This text of 25 Ga. 262 (Elder v. Whitehead) 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

Elder v. Whitehead, 25 Ga. 262 (Ga. 1858).

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Opinion

By the Court.

McDonald, J.

delivering the opinion.

The only question in this case is whether the attorney at law of a party can make the necessary affidavit to entitle him. [264]*264to appeal under the act of 1842, Cobb 501, without paying costs or giving security. There is nothing in the statute authorizing it, and it must receive a strict construction. The words are quite liberal enough, without extending them to cases not provided for in the act. The Court below dismissed the appeal entered on such an affidavit, and we affirm his judgment.

Judgment affirmed.

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By the Court.

McDonald, J.

delivering the opinion.

The only question in this case is whether the attorney at law of a party can make the necessary affidavit to entitle him. [264]*264to appeal under the act of 1842, Cobb 501, without paying costs or giving security. There is nothing in the statute authorizing it, and it must receive a strict construction. The words are quite liberal enough, without extending them to cases not provided for in the act. The Court below dismissed the appeal entered on such an affidavit, and we affirm his judgment.

Judgment affirmed.

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Bluebook (online)

25 Ga. 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elder-v-whitehead-ga-1858.

Opinion

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