Legal Opinion

Lyle v. Prade

Court of Appeals of Georgia

Decided June 27, 1917No. 8281PublishedCited by 6 opinions

Action for deceit; from DeKalb superior court—Judge Smith. August 29, 1916. The defendant in error moved to dismiss the writ of error, on the ground that the judgment against the plaintiff in error (the defendant in the court below) had been fully discharged while the writ of error was pending.

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Action for deceit; from DeKalb superior court—Judge Smith. August 29, 1916. The defendant in error moved to dismiss the writ of error, on the ground that the judgment against the plaintiff in error (the defendant in the court below) had been fully discharged while the writ of error was pending. From affidavits presented by the movant it appears, that after the bill of exceptions was filed, there being no supersedeas, certain shares of stock belonging to the plaintiff in error were levied on under an execution issued on the judgment against him in this case, and at the sheriff’s sale one of…

1Opinion of the CourtGeorge, J.

Prade filed suit against Lyle, alleging, in substance, that on July 13, 1912, the plaintiff bought from the defendant ten shares, of the par value of $100 each, of the capital stock of the Milledgeville Hardware Company, a corporation with its principal place of business in Milledgeville, for which he paid the defendant the sum of $1,250; that at the time of the trade Lyle was a stockholder and director and the president of the company; that the purchase of the stock was made in the city of Atlanta, more than 100 miles distant from Milledgeville; that the plaintiff had no opportunity to…

2Cases cited2 opinions

  1. Scovill v. ThayerSupreme Court of the United States · 1882
  2. National Exchange Bank v. SibleySupreme Court of Georgia · 1883

3Cited by6 opinions

  1. Louisville & Nashville Railroad v. BeanCourt of Appeals of Georgia · 1934
  2. Fears v. StateCourt of Appeals of Georgia · 1979
  3. Imperial Body Works, Inc. v. National Claims Service, Inc.Court of Appeals of Georgia · 1981
  4. Bishop v. GreeneCourt of Appeals of Georgia · 1940
  5. Faust v. StateCourt of Appeals of Georgia · 1965

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