Legal Opinion

Pittsburg Plate Glass Co. v. Maril

Court of Appeals of Georgia

Decided January 29, 1918No. 8736PublishedCited by 4 opinions

Motion to set aside judgment; from city court of Savannah— Judge Freemen. March 16, 1917. On November 22, 1911, J. Maril brought suit on a certain rent contract against Adella C. Boswell, as principal, and B. S. Jones, as. surety, the suit being made returnable to the February term,' .1912, of the city court of Savannah.

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Motion to set aside judgment; from city court of Savannah— Judge Freemen. March 16, 1917. On November 22, 1911, J. Maril brought suit on a certain rent contract against Adella C. Boswell, as principal, and B. S. Jones, as. surety, the suit being made returnable to the February term,' .1912, of the city court of Savannah. On the same date, but after the filing of the suit, Maril caused a summons of garnishment to issue from a justice’s court, returnable to the February term, 1912, of the city court, and directed to the Pittsburg Plate Glass Company, requiring that company to answer what money,…

1Opinion of the CourtWade, C. J.

(After'stating the foregoing facts.) In the case .of Leathers v. Leathers, 138 Ga. 740 (76 S. E. 44), our Supreme Court said: “Where in a former suit between the same parties, and relating to the same subject-matter, a verdict and judgment were rendered against the defendant, whose motion for á new trial was overruled, and such judgment was affirmed by the Supreme Court, a petition subsequently brought by the defendant, to review and set aside the verdict and judgment, was properly dismissed on general demurrer, where it appeared that’the grounds for review were such as were known, or could…

2Cases cited5 opinions

  1. Frank v. MangumSupreme Court of the United States · 1915
  2. Frank v. StateSupreme Court of Georgia · 1914
  3. Leathers v. LeathersSupreme Court of Georgia · 1912
  4. Lowther v. StateCourt of Appeals of Georgia · 1915
  5. Lowther v. StateCourt of Appeals of Georgia · 1916

3Cited by4 opinions

  1. Sumner v. SumnerSupreme Court of Georgia · 1938
  2. Lavender v. Zurich Insurance CompanyCourt of Appeals of Georgia · 1964
  3. Bank of Dalton v. HeartsillCourt of Appeals of Georgia · 1918
  4. McKinney v. DarbyCourt of Appeals of Georgia · 1939

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