Campbell v. Mercer

• Decision Date: 20 July 1899
• Citation: 33 S.E. 871,108 Ga. 103
• Parties: CAMPBELL v. MERCER et al.
• Court: Georgia Supreme Court

33 S.E. 871

108 Ga. 103

CAMPBELL v. MERCER et al.

Supreme Court of Georgia

July 20, 1899

Syllabus by the Court.

1. When a nonresident of the county in which an equitable petition is filed against her and others, who are residents of that county, voluntarily appears, and files an answer, which not only denies material allegations of the plaintiff's petition, but also prays for affirmative equitable relief against the petitioner and some of her co-defendants, and consents to an amendment to the petition, which prays for a money judgment against her, a motion thereafter made to dismiss the action, on the ground that the court was without jurisdiction, because such defendant was a nonresident of the county in which the petition was brought, comes too late, and there is no error in overruling the same.

2. When a written instrument, duly executed, guaranties the payment of a sum of money as offered by another for the arrest, with evidence to convict, of the person or persons who shot and killed another named person, such an instrument is, in effect, an offer of a reward of the sum named, with the conditions annexed. Where, under such an offer, one to whom it is made arrests the person who committed the homicide, and furnishes the evidence which secures his conviction, the offer, by such acceptance, becomes a binding promise to pay for which the performance of the services affords a sufficient consideration.

3. The verdict was warranted by the evidence, and was not contrary to law.

Error from superior court, Jasper county; John C. Hart, Judge.

Equitable petition by L. A. Mercer against one Hill, administrator of W. C. Campbell, Sarah Campbell, and others. A decree and judgment in favor of plaintiff were rendered, and a motion for a new trial was overruled. Defendant Sarah Campbell brings error. Affirmed.

R. M Higgins, J. C. Key, and J. W. Preston, for plaintiff in error.

Foster & Butler, J. D. Kilpatrick, and Green F. Johnson, for defendants in error.

LITTLE J.

Mercer brought an equitable petition in the superior court of Jasper county against Hill, administrator of W. C. Campbell, Braxton and Carden Goolsby, of Jasper county, and Sarah Campbell, of Putnam county, making the following case:

One W C. Campbell was assassinated and murdered in Jasper county in July, 1896. After the homicide, the governor offered a reward of $150 for the arrest, with evidence sufficient to convict, of the perpetrators. J. M. Campbell, who was the executor of the murdered man, offered an additional reward of $500, to be paid out of the estate of the deceased, for the arrest, with sufficient evidence to convict, the perpetrators. The petitioner and B. and C. Goolsby jointly undertook to detect and bring to justice the assassins of W. C. Campbell. Petitioner also procured from the defendant Sarah Campbell, who was the sole legatee of the murdered man, an instrument in writing as follows:

"Georgia, Jasper County, July 29, 1896. I hereby guaranty the payment of the five hundred dollars reward, as offered by J. M. Campbell in the Jasper County News of July 23, 1896, for the arrest, with evidence to convict, of the person or persons who shot and killed W. C. Campbell, of said state and county, on the afternoon of July 1, 1896.

"Sarah X (her mark) Campbell.

"Signed in presence of

"W. H. Henderson.

"L. A. Mercer, N. P. & Ex Off. J. P."

That Sarah Campbell delivered said paper to the petitioner, who retained it in his possession. Campbell resigned as executor, and Hill was appointed administrator de bonis non of the estate of W. C. Campbell. That petitioner and B. and C. Goolsby caused J. M. Campbell to be arrested for the murder, and prosecuted him. At the September term, 1896, of Jasper superior court, Campbell was tried and convicted of the murder of W. C. Campbell. Petitioner furnished the evidence which caused a conviction. That petitioner and B. and C. Goolsby worked together in causing the arrest of Campbell, and securing the evidence which convicted him. That Campbell is now undergoing sentence of the court for the homicide. That B. and C. Goolsby have collected of the governor the $150 reward, and appropriated it to their use, and deny that petitioner has any interest in it. They have also procured from Sarah Campbell an order on the administrator of W. C. Campbell, directing him to pay them the amount of the reward. He prays that B. and C. Goolsby interplead with him, and account to him for his share of the reward paid by the governor. That Hill be restrained from paying the reward offered to the Goolsbys. Subsequently, by an amendment, plaintiff alleged that Sarah Campbell had instructed the administrator not to pay her order of $500, and she refuses to pay the same. Petitioner prayed a judgment in favor of himself and the said B. and C. Goolsby against Campbell for the sum of $500, with interest.

B. and C. Goolsby answered, admitting the allegations in the petition in reference to the offering of the reward, the collection in part by them, the procuring of the order from Sarah Campbell, its revocation, and the refusal of the administrator to pay the amount; but specifically denied that the petitioner acted in concert with them in securing the arrest and conviction of Campbell, and alleged that they themselves secured such arrest, and furnished the evidence upon which the conviction was had. Sarah Campbell also answers, and admits the offering of the reward by the executor, but denies his authority to bind the estate by such offer. She admitted that she was the sole legatee under the will of Campbell, and that petitioner procured from her the written guaranty set out by fraud, misrepresentation, and concealment of the facts; that, at the time Mercer procured the written guaranty, he was preparing to have her only remaining son, brother of the deceased, arrested for the crime; that she was induced to sign the same on the representation of the petitioner that it was his purpose to have another person arrested for the commission of that crime, and that immediately after the arrest of her son she revoked the guaranty. She admits the trial and conviction of J. M. Campbell, and that petitioner and B. and C. Goolsby worked together in the prosecution. She avers that B. and C. Goolsby procured the order from her on the administrator by misrepresentation, fraud, and intimidation. That it was not her free act. That it was without consideration. That she was neither legally nor morally liable. By way of cross petition, she prays that Hill, the administrator, be perpetually enjoined from paying the order which B. and C. Goolsby wrongfully and fraudulently procured from her, and that such order be delivered up and canceled by decree of the court, and prays for general relief. The administrator answered, admitting such facts as he knew, and, for lack of sufficient information, making no answer to the other allegations, and averring himself to be a stakeholder. He attaches copy of the order to pay the reward, two letters from Sarah Campbell revoking the same, and prays the direction of the court.

The trial resulted in a verdict for the petitioner against Hill, the administrator, and Sarah Campbell, and adjusting the amount of the different rewards between petitioner and B. and C. Goolsby, and a decree was rendered accordingly. A motion for a new trial was made on several grounds, and overruled.

1. Complaint is made in the motion that the court refused to dismiss the case as to Sarah Campbell because the movant was a resident of Putnam county at the time of the suit; that no legal judgment could be rendered against her, notwithstanding she filed no plea to the jurisdiction of the court, and the further fact that she filed an answer to the petition on the merits of the case. We are of the opinion...