Owens v. Read Phosphate Co.
Supreme Court of Georgia
Motion to dismiss the writ of error. Owens brought suit, laying his damages at $600. At the trial, after the introduction of evidence, the court, on motion of the defendant, directed a verdict for $15 in favor of the plaintiff, who excepted to this and to other rulings made during the trial.
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Motion to dismiss the writ of error. Owens brought suit, laying his damages at $600. At the trial, after the introduction of evidence, the court, on motion of the defendant, directed a verdict for $15 in favor of the plaintiff, who excepted to this and to other rulings made during the trial. A motion was made to dismiss the writ of error, on the ground tbat the plaintiff had caused execution for the amount of the verdict to be issued and enforced; this fact appearing by affidavits of counsel for the defendant, and of the clerk and sheriff, and being admitted in the brief of counsel for the…
1Opinion of the CourtLittle, J.
Where aplaintiff brings suit and recovers a money judgment against, a defendant in an amount less than he claims, and then files a bill of exceptions alleging that errors were committed on the trial in which the judgment was rendered, but subsequently has execution issued on his judgment and levied on the property of the defendant, and the same is paid off and discharged by the defendant, such plaintiff can not afterwards prosecute his writ of error in this court. Having coerced the payment of his judgment, he will be held to have elected to take it as rendered. When such facts are made to…
2Cited by10 opinions
- Coley v. ColeySupreme Court of Georgia · 1907
- J & F Car Care Service, Inc. v. Russell CorporationCourt of Appeals of Georgia · 1983
- Randolph v. Brunswick & Birmingham RailroadSupreme Court of Georgia · 1904
- Thompson v. ThompsonSupreme Court of Georgia · 1947
- Kitchens v. StateCourt of Appeals of Georgia · 1908
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