Elam v. Rawson

• Decision Date: 31 January 1857
• Docket Number: No. 23.,23.
• Citation: 21 Ga. 139
• Parties: Adolphus G. Elam, plaintiff in error. vs. W. A. Rawson, et al., defendant in error.
• Court: Georgia Supreme Court

21 Ga. 139

Adolphus G. Elam, plaintiff in error. vs. W. A. Rawson, et al., defendant in error.

No. 23.

Supreme Court of the State of Georgia

JANUARY TERM, 1857.

Ca. sa., in Sumter Superior Court. Before Allen, Judge. October Term, 1856.

The facts of this case are these—William A. Rawson brought an action of assumpsit to February Term, 1855, of Sumter Superior Court, against Adolphus G. Elam as principal and Paschal H. Wooten and Solomon Harrell, as securities, on a joint and several promissory note, payable to W. D. Cobb & Co., and transferred to plaintiff. At September Term, 1855, of said Court, the following verdict was rendered by the jury, to-wit: "We the jury find for the plaintiff the principal sum of one thousand eight hundred and fifty-three dollars and thirty-six cents, with interest and costs of suit."

Upon this verdict the following judgment was entered, viz.: "Whereupon it is considered by the Court that the plaintiff do recover of the defendant the sum of one thousand eighthundred and fifty-three dollars and thirty-six cents for his principal debt and the further sum of ninety-one dollars and eight cents for his interest up to this date, and the further sum of sixteen dollars and seventy-five cents for costs of suit, in this behalf laid out and expended, and the be defendant in mercy, &c.

"Judgment signed this third day of September, 1855.

"WORRILL & BROWN,

"Plaintiffs Attorney."

On the twenty-seventh day of September, 1855, the following fi. fa. issued, viz.:

State op Georgia, Sumpter County.

To all and singular the Sheriffs of said State—Greeting:

We command you that of the goods and chattels, lands and tenements of Adolphus G. Elam, principal, and Paschal H. Wooten and Solomon Harrell, securities, you cause to be made the sum of one thousand eight hundred and fifty-three dollars and thirty-six cents principal and the further sum of ninety-one dollars and eight cents interest, up to the third day of September, 1855; and also the further sum of sixteen dollars and seventy-five cents for costs, with interest on the principal sum from the said third day of September, 1855, which William A. Rawson lately in our Superior Court, for said county, recovered against said A. G. Elam, principal, and Paschal H. Wooten and Solomon Harrell securities, for principal, interest and cost; and that you have the said several sums of money before the Judge of said Court, on the fourth Monday in February next, to render to the said William A. Raw-son, &c.

On the twenty-second January, 1856, this fi. fa. was levied on two negroes belonging to Wooten; and soon afterwards about the twentieth February, 1856, was paid off in full by the securities; Wooten paying one thousand and fourteen dollars, and Harrell one thousand and twelve dollars and eighty-two cents, and the respective amounts endorsed on the fi. fa.

Afterwards, on the thirteenth day of June, 1856, at the instance of the securities and for their use and benefit, a capias ad satisfaciendum was issued by the Clerk of the Superior Court of Sumter county, against Elam, Wooten and Harrell, commanding the Sheriff of said county to take the body of Elam, and him safely keep, so as to have his body before the Superior Court of said county on the second Monday in September, next, to satisfy William A. Rawson, the sum of $1,853 36 principal, and the sum of $91 08 interest, to third September, 1855, and also the further sum of $19 25 for costs, which lately in said Court, said Rawson recovered against said A. G. Elam, principal, and Wooten and Harrell, securities.

Upon this ca. sa., Adolphus G. Elam, on the second July, 1856, was arrested, and gave bond with William D. Yarborough as his security, conditioned to appear at the next Superior Court of Sumter county, and then and there stand to and abide by such proceedings as may be had, in relation to his taking the benefit of the honest debtors' Act, &c.

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