Favor v. Stokes

Supreme Court of Georgia

Favor v. Stokes

10 Ga. 370

CourtSupreme Court of Georgia

DecidedAugust 15, 1851

DocketNo. 51

StatusPublished

This text of 10 Ga. 370 (Favor v. Stokes) 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

Favor v. Stokes, 10 Ga. 370 (Ga. 1851).

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Opinion

[371]*371 By the Court.

Lumpkin, J.

delivering the opinion.

[1.] We see no error in the Court in allowing the plaintiff in execution to dismiss his levy on the appeal, notwithstanding he had confessed judgment against himself on the first trial. Attaway vs. Dyer and others, 8 Geo. R. 184, has been cited in behalf of the plaintiff in error; but instead of being in his favor, we think it an authority against him.

The language of this Court in that case was, that “ usually the plaintiff may dismiss his writ whenever he chooses. He is the only party seeking a remedy; he alone asks the aid and action of the Court, and if he sees fit to retire from the case and the Court, it is all the defendant can ask.” Why is it not all the claimant can ask in the present case ?

Judgment affirmed.

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[371]*371 By the Court.

Lumpkin, J.

delivering the opinion.

[1.] We see no error in the Court in allowing the plaintiff in execution to dismiss his levy on the appeal, notwithstanding he had confessed judgment against himself on the first trial. Attaway vs. Dyer and others, 8 Geo. R. 184, has been cited in behalf of the plaintiff in error; but instead of being in his favor, we think it an authority against him.

The language of this Court in that case was, that “ usually the plaintiff may dismiss his writ whenever he chooses. He is the only party seeking a remedy; he alone asks the aid and action of the Court, and if he sees fit to retire from the case and the Court, it is all the defendant can ask.” Why is it not all the claimant can ask in the present case ?

Judgment affirmed.

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Bluebook (online)

10 Ga. 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/favor-v-stokes-ga-1851.