Atlanta, Knoxville & Northern Railway Co. v. Shippen
Supreme Court of Georgia
Appeal. Before Judge' Gober. Gilmer superior court. May 16, 1905. The plaintiff sued the railway company in a justice’s court. The-summons required the defendant to appear and “answer plaintiff’s demand in an action of debt due by account for overcharge on. freight, a copy of which is hereto attached.”
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Appeal. Before Judge' Gober. Gilmer superior court. May 16, 1905. The plaintiff sued the railway company in a justice’s court. The-summons required the defendant to appear and “answer plaintiff’s demand in an action of debt due by account for overcharge on. freight, a copy of which is hereto attached.” The account attached was as follows: “Ellijay, Ga., Oct. 12, 1904. The Atlanta, Knoxville & Northern R. R. Co. Dr. to W. H. & E. E. Shippen March 29, 1904. To freight collected on 11 heater section, 2 boxes of fixtures, 7 grate bars, 2 bds.- pokers, 2 bags asbeste, 4245…
1Opinion of the CourtCobb, P. J.
-(After stating the foregoing facts.) If the summons be considered alone, the suit was simply for an overcharge. If the . account attached be considered alone, it is doubtful whether it constitutes a claim for an overcharge and a penalty, or a claim merely for a penalty. The affidavit to the account indicates an intention' to claim a penalty only, as indicated by the amount referred to in the affidavit, taken in connection with the item in the account. When the summons, the account, and the affidavit are all taken together, it is doubtful what is the character of the claim sought to be…
2Cases cited1 opinion
- Atlanta & West Point Railroad Co. v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1906
3Cited by5 opinions
- Jennings v. StriplingSupreme Court of Georgia · 1907
- Bush v. AddisonCourt of Appeals of Georgia · 1930
- Hendrix v. ElliottCourt of Appeals of Georgia · 1907
- Grahn Construction Co. v. PridgenCourt of Appeals of Georgia · 1934
- Smith & Simpson Lumber Co. v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1908