Usher v. Seaboard Air-Line Railway
Supreme Court of Georgia
Certiorari. Before Judge Littlejohn. Stewart superior court. May 16, 1905. The plaintiff instituted suit in a justice’s court on an open account against the defendant railway company for the sum of $52, which he claimed was earned by him as wages while in the employment of said company. Upon the trial before the justice and a jury, the plaintiff proved the debt and rested his ease.
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Certiorari. Before Judge Littlejohn. Stewart superior court. May 16, 1905. The plaintiff instituted suit in a justice’s court on an open account against the defendant railway company for the sum of $52, which he claimed was earned by him as wages while in the employment of said company. Upon the trial before the justice and a jury, the plaintiff proved the debt and rested his ease. The defendant, to establish a set-off of $30, introduced in evidence an order signed by the plaintiff and addressed to the paymaster of the defendant company, directing him to make payments, upon, certain…
1Opinion of the CourtAtkins on, J.
The exception to the ruling granting the petition, for certiorari is well taken, for the defendant’s evidence was insufficient to establish a claim against the plaintiff in any sum whatever, or a defense to plaintiff’s demand. There was no course open to the jury except to find a verdict for the plaintiff for the entire sum claimed. The evidence is undisputed that the plaintiff had earned the sum of $52 for daily wages, and that the money was due and unpaid by the defendant. There is no excuse offered for refusal to pay, except that the plaintiff had given a written order to a publishing…
2Cited by1 opinion
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