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John L. Smith, plaintiff in error, vs. Joseph Belk et al., executors, defendants in error

Supreme Court of Georgia1869-12
40 Ga. 656

Authorities cited

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Opinion

majority opinion

Brown, C. J.

1. A note given in 1866 in renewal of a former note for a debt due prior to June, 1865, is a new contract, and isnot embraced in the Act known as tbe Relief law of 1868. And it was not error in the Court below to order the pleas filed under the Relief Act stricken, if they do not contain matter good as a defense under the laws applicable to contracts made since June, 1865. 2. The plea of tender in this case was insufficient under the law applicable to the case.

Judgment affirmed.