Mayor of Columbus v. Howard
Supreme Court of Georgia
Trover, in Muscogee Superior Court. Tried before Judge Alexander, November Term, 1848. Elizabeth Howard brought suit against the City Council of Columbus. The declaration contained two counts.
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Trover, in Muscogee Superior Court. Tried before Judge Alexander, November Term, 1848. Elizabeth Howard brought suit against the City Council of Columbus. The declaration contained two counts. The first, in trover, for a certain negro slave, Braden; the second, in case, setting out that she had hired a certain negro, Braden, to the City Council, for the year 1844, to be employed, specifically, in working the streets of said City, in cleaning and repairing the same ; that the Council placed the said negro to do other work, to wit: “ to work upon, by and under the precipitous bank at the mouth…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Was the Circuit Court right in refusing to strike out the count in trover in the declaration ?
The object of pleading is for both parties to state their cases— the claim of one and the defence of the other. The rules of pleading are founded, undoubtedly, in reason and good sense, and accuracy and justice were their object. They were intended, however, for a comparatively ignorant age, and like all things human, they are susceptible of improvement, and should, undoubtedly, be adapted to the advanced state of the age and of modern…
2Cases cited3 opinions
- Wheelock v. WheelwrightMassachusetts Supreme Judicial Court · 1809
- Lockwood v. BullNew York Supreme Court · 1823
- Millon v. SalisburyNew York Supreme Court · 1816
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- Dorsey v. ClementsSupreme Court of Georgia · 1947
- Wood v. FRANK GRAHAM COMPANYCourt of Appeals of Georgia · 1955
- Blakely Hardwood Lumber Co. v. Reynolds Bros. Lumber Co.Supreme Court of Georgia · 1931
- Bauer v. North Fulton Medical Center, Inc.Court of Appeals of Georgia · 1999
- U-Haul of Western Ga. v. FordCourt of Appeals of Georgia · 1984
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