Long v. McDonald
Supreme Court of Georgia
Partnership. Pleadings. Evidence. Tried before Judge Hakrerl. Early Superior Court. April Term, 1869. McDonald brought complaint against said Long, of Clarke county, and John M. Phinizy “partners and farmers of said county,” upon an open account for supplies for the farm, etc. Long was named by initials only.
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Partnership. Pleadings. Evidence. Tried before Judge Hakrerl. Early Superior Court. April Term, 1869. McDonald brought complaint against said Long, of Clarke county, and John M. Phinizy “partners and farmers of said county,” upon an open account for supplies for the farm, etc. Long was named by initials only. The suit was brought in January, 1868. At April Term, 1869, Long being then the survivor and absent, his attorneys plead the general issue, and that Long “never authorized Phinizy to contract the account here sued on, and that he is not now and never was Phinizy’s partner.” After filing…
1Opinion of the CourtWarner, J.
The errors assigned to the judgment of the Court below in this case are: First, Because the Court refused to continue the cause upon the showing made therefor as stated in the record. Second, because the Court admitted the evidence of McDonald, the plaintiff, as to the contract made between him and Phinizy, who was dead. Third. Because the Court *189ordered the plea of Long, denying the partnership, to be stricken, and in refusing to hear any evidence on that question.
In regard to the first point made, the Code declares that ail applications for continuances, not expressly provided for therein,…
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