Melins v. Horne

Supreme Court of Georgia
Melins v. Horne, 29 Ga. 536 (Ga. 1859)
Penning

Melins v. Horne

Opinion of the Court

— Penning J.

By the Court.

delivering the opinion.

Were the appeals good ? If so, the judgments dismissing them, were erroneous.

The appeals were good, if the confessions of judgment were good, and if appeal lies from a confession of judgment— this may be assumed.

The confessions of judgment were good. What has the presence of a jury, to do with a confession of judgment? Nothing. Confession of judgment is a substitute for verdict

And a Court is a Court, notwithstanding, it lack a jury Many judicial acts may be done without a jury. Receiving a confession of judgment is one of them.

*538Appeal lies from a confession of judgment; at least, it does, when the right of appeal, is reserved in the confession; and that right was reserved in this case. Nisbet vs. Lawson, 1 Kelly, 275; 5 Ga. 298.

We think, then, that the judgments dismissing the appeals, were erroneous.

Judgments reversed.

Reference

Full Case Name
Melins, Currie & Sherwood, in error v. Crosby J. Horne, in error Silas C. Herring, in error v. Crosby J. Horne, in error
Cited By
3 cases
Status
Published