Elder v. Whitehead

Decided March 15, 1858

Supreme Court of Georgia · decided 1858-03-15

Affidavit on Appeal, from Pike county, decided by Judge Cabiness, at July Term, 1857. An affidavit of illegality was filed by Herbert B. Elder the defendant in ca. sa., issued from a Justice Court in favor of Zachariah O. Whitehead plaintiff in ca. sa., and Joseph B. Askew assignee. The Court dismissed the illegality and judgment was at the same term of the Court rendered upon the ca. sa. bond in favor of the plaintiff.

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Decided 1858-03-15

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Cited by 6 later decisions — most recently March 1990

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.

McDonald, J.

¶2delivering the opinion.

¶3The only question in this case is whether the attorney at law of a party can make the necessary affidavit to entitle him. *264to appeal under the act of 1842, Cobb 501, without paying costs or giving security. There is nothing in the statute authorizing it, and it must receive a strict construction. The words are quite liberal enough, without extending them to cases not provided for in the act. The Court below dismissed the appeal entered on such an affidavit, and we affirm his judgment.

¶4Judgment affirmed.