Southern Express Co. v. Chero-Cola Bottling Co.
Court of Appeals of Georgia
(Certiorari granted by the Supreme Court.) Action for damages; from city court of Carrollton—Judge Beall. September 13, 1918. The Chero-Cola Bottling Company sued the Southern Express Company for $141 because of damage to certain “Seldon Car” engine cylinders which the plaintiff alleged were delivered to the express company by the Southern Auto & Equipment Company for shipment and shipped to Horton’s' Garage, Carrollton, Georgia, and were damaged while in the defendant’s…
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(Certiorari granted by the Supreme Court.) Action for damages; from city court of Carrollton—Judge Beall. September 13, 1918. The Chero-Cola Bottling Company sued the Southern Express Company for $141 because of damage to certain “Seldon Car” engine cylinders which the plaintiff alleged were delivered to the express company by the Southern Auto & Equipment Company for shipment and shipped to Horton’s' Garage, Carrollton, Georgia, and were damaged while in the defendant’s possession. The defendant in its plea denied the material allegations of the plaintiff’s petition. The action was brought…
1Opinion of the CourtStephens, J.
Upon the call of the appearance docket an entry was made thereon by the trial judge, “In default April 27, 1918.” Later in the day a plea was filed, the attorney for the plaintiff notified thereof, and the entry of “in default” erased by the trial judge, and an entry made by him, “Plea filed April 27th, 1918.” Entries made by the judge on the docket are a part of the proceedings in the case. Brady v. Little, 21 Ga. 132 (4), 135 (4). At the trial term a motion was made to strike the plea because at the time it was filed the case was in default and the judge had erred in striking the entry “in…
Also in this document: Concurrence.
2Cases cited4 opinions
- Albany Pine Products Co. v. Hercules Manufacturing Co.Supreme Court of Georgia · 1905
- Thornton v. PerrySupreme Court of Georgia · 1897
- Brady v. LittleSupreme Court of Georgia · 1857
- Smith v. Merchants & Farmers BankCourt of Appeals of Georgia · 1918
3Cited by3 opinions
- Chero-Cola Bottling Co. v. Southern Express Co.Court of Appeals of Georgia · 1923
- Garrett v. CombsCourt of Appeals of Georgia · 1920
- State v. BrownUtah Supreme Court · 1928