Durden v. Carhart & Brother
Supreme Court of Georgia
Default. Practice. Before Judge Johnson. Talbot Superior Court. September Term, 1869. (This cause was continued upon a suggestion of a diminution of the record.) Carthart & Brother, of New York, brought assumpsit against Durden for goods sold and delivered. No plea was filed, but on the first trial the verdict was for defendant, and plaintiffs appealed. To the declaration was attached a bill of particulars with the date of sale and price of each article set down.
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Default. Practice. Before Judge Johnson. Talbot Superior Court. September Term, 1869. (This cause was continued upon a suggestion of a diminution of the record.) Carthart & Brother, of New York, brought assumpsit against Durden for goods sold and delivered. No plea was filed, but on the first trial the verdict was for defendant, and plaintiffs appealed. To the declaration was attached a bill of particulars with the date of sale and price of each article set down. The plaintiffs testified that the bill of particulars was copied from their books, “was correct and unpaid,” anci a merchant…
1Opinion of the Court
*By the Court—
BROWN, C. J.,
delivering the opinion. .
The record in this case shows, that on the first trial the jury found in favor of the defendant, and the plaintiffs appealed to a special jury. On the second hearing, the plaintiffs introduced evidence to prove the account sued on, and closed. The defendant introduced no evidence. Defendant’s counsel then proceeded to state his points to the jury, to-wit: that plaintiffs had failed to make out a case, and on that ground he objected to the finding of a verdict against him. The Court ruled that defendant had no right to be heard, or to make…
2Cited by5 opinions
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- Davis v. WimberlySupreme Court of Georgia · 1890
- Hayden v. JohnsonSupreme Court of Georgia · 1877
- Stephens v. Gate City Gas-Light Co.Supreme Court of Georgia · 1888
- Bowman v. WinnCourt of Appeals of Georgia · 1915