Moore v. Bower
Court of Appeals of Georgia
Appeal, from Decatur superior court — Judge Spence. December 28, 1908. B. B. Bower brought suit in a justice’s court to the January term, 1908, against Perry Moore, agent for his wife Eliza Moore, and Perry Moore individually, on an account for one half of the cost of putting up a fence, amounting to $95.62. A bill of particulars was attached to the summons, and showed specifically the cause of action -and the items of the account.
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Appeal, from Decatur superior court — Judge Spence. December 28, 1908. B. B. Bower brought suit in a justice’s court to the January term, 1908, against Perry Moore, agent for his wife Eliza Moore, and Perry Moore individually, on an account for one half of the cost of putting up a fence, amounting to $95.62. A bill of particulars was attached to the summons, and showed specifically the cause of action -and the items of the account. At the same term to which the suit was filed the plaintiff voluntarily dismissed it. Subsequently suit was brought to the February term of the justice’s court upon…
1Opinion of the CourtHill, C. J.
(After stating the facts.)
1. By the act of 1859 (Acts 1859, p. 50) it was.provided that where the judge who tried the cause was not in office when the bill of exceptions was tendered, the clerk of the court should appoint and designate him by an order to sign and certify the bill of exceptions as ex-judge, and that he should sign and certify as “ex-judge.” But the Code of 1895 (Civil Code, §5542) makes the order of the clerk, required by the act of 1859 unnecessary, nor docs it require the ex-judge to sign and certify the bill of exceptions as such. This section provides simply that, “if the…
2Cases cited3 opinions
- Doody Co. v. JeffcoatSupreme Court of Georgia · 1907
- White v. Moss & ChildsSupreme Court of Georgia · 1893
- Hendrix v. ElliottCourt of Appeals of Georgia · 1907
3Cited by6 opinions
- Tufts v. ThrelkeldCourt of Appeals of Georgia · 1923
- Bishop v. PinsonCourt of Appeals of Georgia · 1924
- Reynolds v. ReynoldsSupreme Court of Georgia · 1922
- Fouché v. TerryCourt of Appeals of Georgia · 1922
- Green v. W. A. Lathem & SonsCourt of Appeals of Georgia · 1952
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