Nelson v. Stamper

Supreme Court of Georgia

Nelson v. Stamper

43 Ga. 332

DecidedJuly 15, 1871

StatusPublished

This text of 43 Ga. 332 (Nelson v. Stamper) 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

Nelson v. Stamper, 43 Ga. 332 (Ga. 1871).

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Opinion

Warner, Judge.

This was an action brought by the plaintiffs against the defendants on a promissory note, to which the defendants filed their plea, alleging that the consideration of the note was negro slaves. The Court examined a witness as to that fact, and dismissed the case for want of jurisdiction, without submitting it to the jury. The defendants’ plea made an issue of fact as to the consideration of the note; that question should have been submitted to the jury; and it was error in the Court to decide on the facts and dismiss the plaintiffs’ action. I

Judgment reversed.

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Warner, Judge.

This was an action brought by the plaintiffs against the defendants on a promissory note, to which the defendants filed their plea, alleging that the consideration of the note was negro slaves. The Court examined a witness as to that fact, and dismissed the case for want of jurisdiction, without submitting it to the jury. The defendants’ plea made an issue of fact as to the consideration of the note; that question should have been submitted to the jury; and it was error in the Court to decide on the facts and dismiss the plaintiffs’ action. I

Judgment reversed.

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Bluebook (online)

43 Ga. 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-stamper-ga-1871.