Supreme Court of Georgia, 1867

Brown v. Padgett

Brown v. Padgett
Supreme Court of Georgia · Decided December 15, 1867 · Walker
36 Ga. 609

Counsel

W. T. Day, Jno. A. Wimpey, for plaintiff in error., W. H. Simmons, for defendant in error.

Brown v. Padgett

Opinion of the Court

Walker, J.

The 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.

Judgment reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.