Pritchett v. Inferior Court
Supreme Court of Georgia
Contract with Inferior Court. Minutes. Pleading. Before Judge Harvey. Bartow Superior Court. March Term, 1872. Marcellus L. Pritchett, as administrator de bonis non of Bennett H. Conyers, deceased, brought complaint against the Inferior Court of Bartow county, alleging the following facts, to-wit: That defendant is indebted to petitioner in the sum of $9,765, besides interest, on a bond dated October 27th, 1863, and due January 1st, 1864, with interest from the date of said…
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Contract with Inferior Court. Minutes. Pleading. Before Judge Harvey. Bartow Superior Court. March Term, 1872. Marcellus L. Pritchett, as administrator de bonis non of Bennett H. Conyers, deceased, brought complaint against the Inferior Court of Bartow county, alleging the following facts, to-wit: That defendant is indebted to petitioner in the sum of $9,765, besides interest, on a bond dated October 27th, 1863, and due January 1st, 1864, with interest from the date of said bond, which said defendant refuses to pay. To the declaration was attached the following copy bond : “Manassas, Georgia,…
1Opinion of the Court
Montgomery, Judge.
This declaration is in the form prescribed by the Act of 1847, commonly called Jones’ form: If plaintiff elects to sue in that form, he must, nevertheless, set forth a complete cause of action: Phillips vs. Dodge, 8 Georgia, 51. A bond given by the Inferior Court of Bartow county since the adoption of the Code is not valid, unless the contract is entered on the minutes of the Court: Code, 527. It nowhere appears that any entry of this contract was ever made on the minutes of the Court. It follows that no sufficient cause of action appears, and the suit was properly dismissed.
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- Conyers v. Commissioners of Roads & RevenuesSupreme Court of Georgia · 1902
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