Legal Opinion

Johnston v. Sheppard

Court of Appeals of Georgia

Decided April 11, 1918No. 9357PublishedCited by 19 opinions

Motion to set aside judgment; from city court of Floyd county •—Judge Nunnally. October 11, 1917. J. C. Sheppard brought trover against Green White for two bales of cotton, alleging that the value of the cotton was $115, and its . yearly' value $8.05, being the interest thereon at seven per cent, per annum.

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Motion to set aside judgment; from city court of Floyd county •—Judge Nunnally. October 11, 1917. J. C. Sheppard brought trover against Green White for two bales of cotton, alleging that the value of the cotton was $115, and its . yearly' value $8.05, being the interest thereon at seven per cent, per annum. Green White as principal, and Johnston and Harris as his sureties, executed the usual eventual condemnation-money bond, payable to the plaintiff, in the sum of $230. On the trial of the case the jury found for the plaintiff $241.50, and a judgment was entered against the principal and the…

1Opinion of the CourtHarwell, J.

(After stating the foregoing' facts.) “A judgment can not be arrested or set aside for any defect in the pleadings or record that is aided by verdict or amendable as matter of form.” Civil Code, § 5960; Merritt v. Bagwell, 70 Ga. 585; Steers v. Morgan, 66 Ga. 555; Artope v. Barker, 74 Ga. 465; Tietjen v. Merchants National Bank, 117 Ga. 501 (43 S. E. 730); Davis v. Bray, 119 Ga. 220 (46 S. E. 90); Sweat v. Latimer, 119 Ga. 615 (46 S. E, 835); Ayer v. James, 120 Ga. 578 (48 S. E. 154). A verdict and judgment for a larger amount than that sued for is not for that reason void. It is a mere…

2Cases cited21 opinions

  1. Holmes v. Langston & WoodsonSupreme Court of Georgia · 1900
  2. Phillips v. TaberSupreme Court of Georgia · 1889
  3. Waldrop v. WolffSupreme Court of Georgia · 1902
  4. Thomas v. PriceSupreme Court of Georgia · 1892
  5. Ayer v. JamesSupreme Court of Georgia · 1904

16 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Escambia Chemical Corp. v. RockerCourt of Appeals of Georgia · 1971
  2. Department of Transportation v. Great Southern Enterprises, Inc.Court of Appeals of Georgia · 1976
  3. Houston General Insurance v. Stein Steel & Supply Co.Court of Appeals of Georgia · 1975
  4. Pickett v. Chamblee Construction Co.Court of Appeals of Georgia · 1971
  5. HOMASOTE COMPANY v. StanleyCourt of Appeals of Georgia · 1961

14 more not listed; retrieve them via the Exa API.

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