19 Ga. 573
Decided February 15, 1856
Supreme Court of Georgia · decided 1856-02-15
Assumpsit, in Heard Superior Court. Tried before Judge Bull, Not ember Term, 1855. This was an action of assum psifc on an open account, brought by Oery & Stanford against James A. Sample as surviving ■.co-partner, &c. At the April Term, 1352, the defendant confessed a judgment for $222 20, reserving tbe right of appeal. And at the same term he entered an appeal, giving Noah M. Harris as his security on the appeal bond.
Cited by 1 later decisions — most recently May 1937
1 state decisions
Relies on Burkhalter v. Bullock
Good law ✅— No negative treatment on recordhow we know
Decided 1856-02-15
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¶1By the Court.
¶2delivering the opinion.
¶3[1.] The question is, was it the right of the appellant to save his appeal by filing such an affidavit as that which he proposed to file.
¶4We think it was. We have so decided in two cases— Burkhalter vs. Bullock, (18 Ga. 371,). and another since, the name of which I forget.
¶5We, therefore, reverse the decision of the Court below.