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32 Ga. 555

Harrell v. Park

Supreme Court of Georgia

Decided March 15, 1861

Supreme Court of Georgia · decided 1861-03-15

Action on a note, in Meriwether Superior Court, and decision therein by Judge Bull, at August Term, 1860. This was an action brought by Andrew Park to recover the amount of a promissory note, dated 24th December, 1856, due the 25th December, 1857, payable to the plaintiff, or bearer, and signed by Elijah Beauchamp and Solomon Harrell, as principals, and Jesse Partridge, as security, for $1,500, with interest from the date of the Dote.

Cited by 1 later decisions — most recently February 1891

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-03-15

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¶1By the Court.

Jenkins, J.,

¶2delivering the opinion.

¶3Upon the death of Solomon Harrell, one of the defendants, pending the action the plaintiff below had his election, either to make his representative a party defendant, and proceed against him with the survivors, or having suggested the death of Harrell of record, to proceed against the survivors alone.

¶4He elected the latter course and proceeded against them to judgment. How he asks to revive the same case against the administrator of Harrell. Ho authority directly in point has been adduced, but our opinion is, that this is inadmissible. The final judgment of the Court having been rendered against a portion of the defendants, we hold that the record is so far closed that it can not be re-opened to make the representative of a defendant, who died pending the action, a party. Ho joint judgment could be now rendered against all the co-obligors.

¶5Any judgment obtained against the administrator of Harrell must be several; then why should not that be in a several suit ?

¶6Let'the judgment be reversed.

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