High v. McHugh
High v. McHugh
Opinion of the Court
1. This contract was made between the first June, 3861, and the first June, 1865, and is, therefore, embraced in the provisions of the Scaling Ordinance, passed by the Convention of 1865. That Ordinance authorizes the parties to give in evidence to the jury on the trial, the consideration of the contract, and the value thereof, at any time, and the intention of the parties as to the particular currency in which payment was to be made, and the value of such currency at any time, and leaves the jury to find a verdict, and makes it the duty of the Court to render a judgment, “on principles of equity,” between the parties.
This Ordinance has been sustained by this Court as constitutional, and has been enforced in a number of cases. See Slaughter et al. vs. Culpepper et al., 25 Ga., 26. Evans vs. Walker, 35 Ga., 117. Taylor et al. vs. Flint et al., 35 Ga., 124. Cherry vs. Walker, 36 Ga., 327. Field, Adm’r, vs. Leak, 36 Ga., 362. Oliver & Wooten vs. Coleman, 36 Ga., 552. In several of these cases • the Court holds that “ more than ordinary.discretion ” is delegated to jurors by the Ordinance. In the case last cited, it is said with emphasis that jurors should be allowed a “liberal discretion” under it.
Apply these rules to ‘this case, and we see no sufficient reason for disturbing this verdict. There was evidence to support the finding, and it was the province of the jury to consider the evidence when in conflict, and determine what part of it was entitled to most weight.
2. At the time the note was made the evidence shows that one dollar in gold was worth three and a fraction in Confederate currency. When due, one dollar in gold was worth twenty-one in the same currency. The value of the land is differently estimated in the evidence, and no very definite conclusion as to its value at the time of the trade, or the trial, can be arrived at by an examination of the testimony. The verdict seems to have been predicated upon neither the value of gold in Confederate currency, when the contract was made, nor when the note was due, but the jury estimated
Judgment affirmed.
Reference
- Full Case Name
- Joseph R. High, in error v. James McHugh, in error
- Status
- Published