Herrtngton v. The State Of Ga.

Decision Date31 January 1875
Citation53 Ga. 552
CourtGeorgia Supreme Court
PartiesC. C. Herrtngton, plaintiff in error, v. The State of Georgia, defendant in error.*

Criminal Law—Death of Defendant—Practice in Supreme Court.—

Where, after the argument of a criminal case in this court, but before the judgment is pronounced, the defendant dies, the proceedings abate, and no decision will be pronounced. (R.)

Criminal law. Practice in the Supreme Court. Before the Supreme Court. January Term, 1875.

The above head-note sufficiently reports this case.

W. F. Wright; Peeples & Howell, for plaintiff in error.

John T. Glenn, solicitor general, for the state.

*Injunction—Review.—A judgment sustaining a demurrer to a motion to dissolve an interlocutory injunction is not reviewable by a "fast" writ of error. Smith v. Willis, 107 Ga. 793, 33 S. E. Rep. 667, citing principal case. See also, Kaufman v. Ferst, 55 Ga. 353; Smith v. Willis, 105 Ga. 840, 32 S. E. Rep. 92; Hollinshead v. L-incolnton, 84 Ga. 591, 10 S. E. Rep. 1094.

See Ency. Dig. Ga. Rep., vol. 5, pp. 121, 122; lb., vol. 7, p. 506.

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10 cases
  • State v. Furth
    • United States
    • Washington Supreme Court
    • December 18, 1914
    ...one who committed the crime or offense, and not to punish those upon whom his estate is cast by operation of law or otherwise. Herrington v. State, 53 Ga. 552; U.S. v. (C. C.) 152 F. 279, which was reversed in U.S. v. New York, etc., 164 F. 324, 90 C. C. A. 256, upon the sole ground that th......
  • Wasserman v. United States
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • May 2, 1908
    ... ... proceeding has been abated by his death. They cite in support ... of this position Herrington v. State of Georgia, 53 ... Ga. 552, O'Sullivan v. People, 144 Ill. 604, 32 ... N.E. 192, 20 L.R.A. 143, State v. Martin, 30 Or ... 108, 110, 47 P. 196, ... ...
  • Overland Cotton Mill Co. v. People
    • United States
    • Colorado Supreme Court
    • March 7, 1904
    ... ... of law. O'Sullivan v. People, 144 Ill. 604, 32 N.E. 192, ... 20 L.R.A. 143; Town of Carrollton v. Rhomberg, 78 Mo. 547; ... March v. State, 5 Tex. App. 450; Herrington v. State, 53 Ga ... 552; U.S. v. De Goer (D. C.) 38 F. 80; Schreiber v ... Sharpless, 110 U.S. 76, 3 S.Ct. 423, 28 ... ...
  • United States v. Pomeroy
    • United States
    • U.S. District Court — Southern District of New York
    • February 27, 1907
    ... ... which courts have held that an appeal from a judgment for a ... fine is abated by the death of the defendant: Herrington ... v. State, 53 Ga. 552; O'Sullivan v. People, ... 144 Ill. 604, 32 N.E. 192, 20 L.R.A. 143; Town of ... Carrollton v. Rhomberg, 78 Mo. 547; State v ... ...
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