Legal Opinion

J. Ben. Wilson & Co. v. Sprague Mowing Machine Co.

Supreme Court of Georgia

Decided January 15, 1876PublishedCited by 14 opinions

Corporations. Pleadings. Amendment. Arrest of judgment. Before Judge Hopkins. Fulton Superior Court. April Term, Í875. Reported in the opinion.

1Opinion of the Court

Jackson, Judge.

This suit is in the statutory form. The object of that statute, when first enacted, was to simplify pleading. Under it the Sprague Mowing Machine Company alleges that the defendants owe them on an account. The bill of particulars is annexed. No plea or demurrer or other defense was made. Judgment was rendered by the court for principal and interest on the account. A motion was made to arrest it. The court below overruled that motion, and this is the error complained of.

1. The gravamen of the motion is that nobody sues; there is no plaintiff, the Sprague Mowing Machine Company…

2Cited by14 opinions

  1. Mattox v. StateSupreme Court of Georgia · 1902
  2. People v. HagarCalifornia Supreme Court · 1877
  3. Jefferson Standard Life Insurance v. BentleyCourt of Appeals of Georgia · 1937
  4. Smith v. Commissioners of Roads & RevenueSupreme Court of Georgia · 1944
  5. Saint Cecilia's Academy v. HardinSupreme Court of Georgia · 1887

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