Butler v. Richmond & Danville Railroad
Supreme Court of Georgia
Pleading and practice. Accord and satisfaction. Fraud. Before Judge Van Epps. City court of Atlanta. June term, 1891. Action for damages ; pleas of the general issue, and of payment of $18 in full settlement of all damages. On the latter plea the jury found for the defendant. The plaintiff’s motion for a new trial was overruled, and he excepted.
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Pleading and practice. Accord and satisfaction. Fraud. Before Judge Van Epps. City court of Atlanta. June term, 1891. Action for damages ; pleas of the general issue, and of payment of $18 in full settlement of all damages. On the latter plea the jury found for the defendant. The plaintiff’s motion for a new trial was overruled, and he excepted. Among the grounds of the motion were the following: Error in allowing the defendant, over plaintiff’s objection, to file pleas and to make defence thereunder at the trial which occurred at the third term after the suit was commenced, the defendant’s…
1Opinion of the Court
Bleckley, Chief Justice.
1. A fundamental requisite in judicial procedure is that all parties and all counsel shall conform to like rules and be equally diligent. Exceptions may be made in favor of age or infirmity, but none should be allowed on account of difference in the mass of business or number of cases which counsel may be engaged in, or the class of parties which they represent. Any local practice which makes such distinctions is not sound; but while it prevails and the presiding judge recognizes and conforms to it, his conformity in a given instance, unless some substantial injustice…
2Cases cited5 opinions
- Mullen v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1879
- East Tennessee, Virginia & Georgia Railway Co. v. HayesSupreme Court of Georgia · 1889
- Trambly v. RicardMassachusetts Supreme Judicial Court · 1881
- O'Neil v. Lake Superior Iron Co.Michigan Supreme Court · 1886
- Selden v. MyersSupreme Court of the United States · 1858
3Cited by26 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Petty v. Brunswick & Western Railway Co.Supreme Court of Georgia · 1900
- Georgia Railway & Power Co. v. EndsleySupreme Court of Georgia · 1928
- Sanford v. Royal InsuranceWashington Supreme Court · 1895
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
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