Holliday & Co. v. Poole
Supreme Court of Georgia
Practice in Superior Court. Fraud. Contracts. Principal and Surety. Justice Courts. Appeal. Certiorari. Before Judge Marshall J. Clarke. Fulton Superior Court. March Term, 1886. This case arose on a certiorari.
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Practice in Superior Court. Fraud. Contracts. Principal and Surety. Justice Courts. Appeal. Certiorari. Before Judge Marshall J. Clarke. Fulton Superior Court. March Term, 1886. This case arose on a certiorari. The petition and answer showed, in brief, the following facts: On January 28,1885, two suits were brought in a justice’s court by G. TL Holliday against T. A. Poole and A. S. Poole on two promissory notes, both dated May 32, 1881, and due on November 15, after date, each bearing eight per cent, interest and providing for ten per cent, attorneys’ fees for collection. One was for $100…
1Opinion of the Court
Jackson, Chief Justice.
The plaintiff in error applied for and obtained a. writ of certiorari to a justice’s court. The court sustained the certiorari and remanded the case for a new trial. Whereupon the plaintiff in error brought the case before this, court, assigning as error the failure of the court below to make a final disposition of the case instead of remanding: it for a new hearing.
If the points made in the certiorari were pure law, unmixed with facts, then the court should have made a final judgment in the case, but if questions of fact were involved, as well as questions of law, then…
2Cited by12 opinions
- Turpin v. North American Acceptance Corp.Court of Appeals of Georgia · 1969
- Johnson v. HinsonSupreme Court of Georgia · 1939
- Hart v. DeLowe Partners, Ltd.Court of Appeals of Georgia · 1978
- Crowell v. BrimSupreme Court of Georgia · 1940
- Savannah, Thunderbolt & Isle of Hope Railway v. FennellSupreme Court of Georgia · 1897
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