Walker v. Berger
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Fulton superior court. November 15, 1917. ' It appears from the petition of Walker against Berger and Eevson, that on December 8, 1915, the parties entered into a contract reciting,, in brief, as follows: In consideration of the dismissal of a pending suit (in which Berger and Eevson were praying for a decree rescinding a previous contract between them and Walker, and for a money judgment against him, etc.), and of certain sums of…
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Equitable petition. Before Judge Pendleton. Fulton superior court. November 15, 1917. ' It appears from the petition of Walker against Berger and Eevson, that on December 8, 1915, the parties entered into a contract reciting,, in brief, as follows: In consideration of the dismissal of a pending suit (in which Berger and Eevson were praying for a decree rescinding a previous contract between them and Walker, and for a money judgment against him, etc.), and of certain sums of money paid, and of the mutual agreements and stipulations herein contained, Walker releases Berger and Eevson from all…
1Opinion of the CourtGilbert, J.
1. The assignment' of error on the exceptions pendente lite will not be considered, because the petitioner offered an amendment to meet the demurrer (which was conditionally sustained), thus submitting to the ruling. Adams v. Ga. Ry. &c. Co., 142 Ga. 497 (83 S. E. 131).
2. The defendants contend that the amendment should not be allowed, because, after paragraphs five to nineteen of the petition were stricken, there was not enough left to amend by. The same amendment which struck these paragraphs, also added’other paragraphs in lieu of those stricken. The desired additions to the petition need…
2Cases cited7 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Stewart v. HookSupreme Court of Georgia · 1903
- Causey v. CauseySupreme Court of Georgia · 1898
- Adams v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wilson v. Barton & Ludwig, Inc.Court of Appeals of Georgia · 1982
- Thomas v. Best Manufacturing Corp.Supreme Court of Georgia · 1975
- OUTSIDE CARPETS, INC v. Industrial Rug Co., Inc.Supreme Court of Georgia · 1971
- Rowland Co. v. Kell Co.Court of Appeals of Georgia · 1921
- Alexis Inc. v. WerbellSupreme Court of Georgia · 1953
3 more not listed; retrieve them via the Exa API.