Harlow v. Rosser, Scurry & Co.
Supreme Court of Georgia
Certiorari, from Chattooga county. Decision by Judge Crook, at March Term, 1859. Rosser, Scurry & Co., sued John Harlow on an account for goods, wares and merchandise, in a justice court.
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Certiorari, from Chattooga county. Decision by Judge Crook, at March Term, 1859. Rosser, Scurry & Co., sued John Harlow on an account for goods, wares and merchandise, in a justice court. Defendant, upon the trial, proved that Thomas T. Hopkins, one of the firm of Rosser, Scurry & Co., being indebted to him, promised and agreed to pay and settle defendant’s account with said firm, and in pursuance of said agreement he settled with and gave credit to Hopkins on the account or demand he held against him, Hopkins. The justice gave judgment for the plaintiffs, and defendant appealed. Upon the…
1Opinion of the Court
*221 By the Court.
Lumpkin, J.,
delivering the opinion.
1. Was it error in the court to refuse to dismiss the certiorari in this case, because there had been a previous certiorari in the same case which had been dismissed ? We think not. It does not appear that the former certiorari was decided upon its merits. We take it for granted it was not — but that it was for some informality or defect in the proceedings.
2. Is it indispensable that the clerk should endorse upon the petition for certiorari, “ filed,” at such a time ? We are of the opinion that it is not.
3. The present writ of certiorari is…
2Cited by7 opinions
- Bank of Lawrenceville v. Rockmore & Co.Supreme Court of Georgia · 1907
- Talley v. Commercial Credit Co.Supreme Court of Georgia · 1931
- Lovelace v. Reliable GarageCourt of Appeals of Georgia · 1924
- Georgia Railway & Power Co. v. J. M. High Co.Court of Appeals of Georgia · 1914
- Bank of LaGrange v. CotterSupreme Court of Georgia · 1897
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