Burruss v. Smith & Turner
Supreme Court of Georgia
Practice in Superior Court. Landlord and Tenant. Statute of Frauds. Consideration. Evidence. Mortgage. Justices and Justice Courts. Before Judge Hutchins. Walton Superior Court. February Term, 1885. Smith & Turner brought suit against Burruss in a justice’s court, and recovered a judgment. An appeal was taken to a jury, who found for the plaintiff; and the case was carried by certiorari to the superior court.
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Practice in Superior Court. Landlord and Tenant. Statute of Frauds. Consideration. Evidence. Mortgage. Justices and Justice Courts. Before Judge Hutchins. Walton Superior Court. February Term, 1885. Smith & Turner brought suit against Burruss in a justice’s court, and recovered a judgment. An appeal was taken to a jury, who found for the plaintiff; and the case was carried by certiorari to the superior court. At the August term, 1884, it was called for a hearing. 'Counsel for defendants in certiorari suggested that there was an omission in the answer of the justice, and an order was taken…
1Opinion of the Court
Jackson, Ohief Justice.
The superior court of Walton county dismissed a certiorari and sustained the verdict of a jury in a justice’s court, and error is assigned on that judgment as well as upon the ruling of the court in refusing to strike an amended answer of the justice of the peace before whom the jury trial was had.
1. There was no error in refusing the motion to strike the amendment to the answer. At the fall term, 1884, of the court, the justice of the peace being present, the defendant in error made an oral motion, counsel on both sides being present, that the justice be permitted to…
2Cited by5 opinions
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- Strachan v. BurfordSupreme Court of Georgia · 1931
- Owens v. Glover Grocery Co.Court of Appeals of Georgia · 1929