Rankin v. Dawson

Supreme Court of Georgia

Rankin v. Dawson

43 Ga. 595

DecidedJuly 15, 1871

StatusPublished

This text of 43 Ga. 595 (Rankin v. Dawson) 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

Rankin v. Dawson, 43 Ga. 595 (Ga. 1871).

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Opinion

Lochrane, Chief Justice.

By the facts disclosed in this record, the affidavit made under the Relief Act of 1870 was insufficient, as it failed to state that the judgment against which the set-off and losses were moved was founded on a debt or contract made or implied before the first of June, 1865. This was the essential part of the oath, and the Act only applied to that class of contracts. And we therefore affirm the judgment of the Court below sustaining the demurrer filed and dismissing the motion.

Judgment affirmed.

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Lochrane, Chief Justice.

By the facts disclosed in this record, the affidavit made under the Relief Act of 1870 was insufficient, as it failed to state that the judgment against which the set-off and losses were moved was founded on a debt or contract made or implied before the first of June, 1865. This was the essential part of the oath, and the Act only applied to that class of contracts. And we therefore affirm the judgment of the Court below sustaining the demurrer filed and dismissing the motion.

Judgment affirmed.

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Bluebook (online)

43 Ga. 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rankin-v-dawson-ga-1871.