Freeman v. McDaniel

Decided August 15, 1857

Supreme Court of Georgia · decided 1857-08-15

Certiorari, in Carroll Superior Court. Tried before Judge Hammond, at April Term, 1857. Robert Freeman brought suit in a Justice Court, against John B. McDaniel, on a promissory note, due 1st March, 1853, for the sum of twenty-five dollars. The defence ,was failure of consideration.

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Decided 1857-08-15

How this case has been cited

Cited by 7 later decisions — most recently October 1996

1 district · 6 state decisions

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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¶1By the Court. —

Lumpkin, J.

¶2delivering the opinion.

¶3To entitle the plaintiff to recover, he must show both fraud and damage, admitting the fraud, he has failed to show that he has been injured, because he has failed to show what the mule cost him, in other words, what the horse ivas worth, that he traded for the mule, consequently we hold, that the Court was wrong in sustaining the certiorari. Indeed, there was a conflict of proof in the case, and it is not easy to determine upon which side the weight of evidence preponderated. The amount involved is twenty-five dollars, the complainant alleged deceit in swapping a moon-eyed mule. Can there be any better tribunal for the decision of *356such controversies, than a Justice Court and a jury of the vicinage? especially where, as in this case, the question is one of fact and not of law.

¶4Judgment reversed.