Rigell v. Sirmans
Supreme Court of Georgia
Eviction. Before Judge Mitchell. Berrien superior court. January 16, 1905. Sirinans made an affidavit before the judge of a county court, for the purpose of evicting Rigell as an intruder. A counter-affidavit was interposed, and the papers were returned to the county court for trial. The judge of the county court rendered a judgment in favor of the defendant.
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Eviction. Before Judge Mitchell. Berrien superior court. January 16, 1905. Sirinans made an affidavit before the judge of a county court, for the purpose of evicting Rigell as an intruder. A counter-affidavit was interposed, and the papers were returned to the county court for trial. The judge of the county court rendered a judgment in favor of the defendant. The plaintiff filed- an appeal bond, which was approved by the deputy-clerk, and all the papers were transmitted to the superior court. The case was tried in that court upon its merits, and resulted in a verdict for the plaintiff. The…
1Opinion of the CourtCobb, J.
1. The motion to dismiss the writ of error is without merit. The assignment of error is in exact compliance with the rule of -this court on the subject. See Civil Code, § 5605. Even if the failure to file the brief of evidence before the time for hearing the motion for a new trial would have been a sufficient reason for dismissing the motion at the hearing, it is *456not a sufficient reason for dismissing the writ of error in this court after the respondent has participated in the hearing of the motion with full knowledge that the brief had not been filed.
2. The affidavit which is the foundation…
2Cases cited2 opinions
- Fontano v. Mozley & Co.Supreme Court of Georgia · 1904
- Griswold v. RutherfordSupreme Court of Georgia · 1899
3Cited by13 opinions
- Daniel v. Federal National Mortgage Assn.Supreme Court of Georgia · 1973
- Reese v. MillerCourt of Appeals of Georgia · 1925
- Healey Real Estate & Improvement Co. v. WilsonCourt of Appeals of Georgia · 1946
- Roberts v. McBrayerSupreme Court of Georgia · 1942
- Guarantee Trust Life Insurance v. HillCourt of Appeals of Georgia · 1954
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