36 Ga. 609
Decided December 15, 1867
Supreme Court of Georgia · decided 1867-12-15
Certiorari from the County-Court. Decided by Judge Irwin. Pickens Superior Court. April Term, 1867. In the County-Court a suit by Elizabeth Padgett against Brown, founded upon a promissory note for $50, dated the 2d of December, 1865, and due 1st' of January, 1866, was defended on the grounds that it was taken by duress, was without consideration, and was illegal and void because it was given to settle a criminal prosecution for simple larceny, or horse stealing.
Decided 1867-12-15
¶1The evidence showed that the note sued on, was given to suppress a prosecution for felony, and is therefore void; the transaction itself was criminal, Eev. Code, Sec. 4423; and if the note had been paid, would have been no defence to an action for the tort, the alleged taking of the mare. Eev. Code, Secs. 2999, 3000. Such being the case, the Court erred in dismissing the certiorari.
¶2Judgment reversed.