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114 Ga. 934

Howard v. Wellham

Supreme Court of Georgia

Decided March 12, 1902

Supreme Court of Georgia · decided 1902-03-12

<p>Motion to arrest judgment. Before Judge Reid. City court of Atlanta. May 4, 1901.</p>

Relies on Rodgers v. Caldwell

Good law ✅— No negative treatment on recordhow we know

Decided 1902-03-12

How this case has been cited

Cited by 7 later decisions — most recently November 1966

7 state decisions

201902191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Simmons, C. J.

¶1In a suit upon several of a series of promissory notes,'some due and some not matured except under a stipulation that they should become due if any one of the series was not paid within thirty days after maturity, a verdict of a jury is necessary before a judgment can be rendered. A suit on notes not due except by virtue of such a stipulation is not “founded on unconditional contracts in writing,” within the meaning of paragraph 7 of section 4 of article 6 of the constitution of this State. This case is controlled by Rodgers v. Caldwell, 112 Ga. 635, and cases therein cited.

¶2Judgment affirmed.

All the Justices concurring, except Little, J., absent.
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