Hilburn v. Black

Supreme Court of Georgia

Hilburn v. Black

44 Ga. 194

DecidedJuly 15, 1871

StatusPublished

This text of 44 Ga. 194 (Hilburn v. Black) 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

Hilburn v. Black, 44 Ga. 194 (Ga. 1871).

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Opinion

Lochrane, Chief Justice.

This record discloses that Black brought suit against Hilburn upon four promissory notes dated in 1856 and 1857; that at the trial the defendant resisted the right of the plaintiff to a judgment until he had complied with the requirements of the Act of October, 1870, in relation to making and filing his affidavit under the second section, that the taxes due thereon had been paid; that the Court overruled the objection and rendered judgment.

Under the previous rulings of this Court, we hold the Court erred in rendering judgment under the facts in this case.

Judgment reversed.

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Lochrane, Chief Justice.

This record discloses that Black brought suit against Hilburn upon four promissory notes dated in 1856 and 1857; that at the trial the defendant resisted the right of the plaintiff to a judgment until he had complied with the requirements of the Act of October, 1870, in relation to making and filing his affidavit under the second section, that the taxes due thereon had been paid; that the Court overruled the objection and rendered judgment.

Under the previous rulings of this Court, we hold the Court erred in rendering judgment under the facts in this case.

Judgment reversed.

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Bluebook (online)

44 Ga. 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hilburn-v-black-ga-1871.