Legal Opinion

White v. Molyneux

Supreme Court of Georgia

Decided January 15, 1847No. 15PublishedCited by 9 opinions

Action for Rent. From Muscogee Superior Court. Tried before Judge Alexander. November Term, 1846. For the points, see decision of the Supreme Court.

1Opinion of the Court

By the Court.

Nisbet, J.

delivering the opinion.

[1.] The first question made upon this record is as to variance between the allegation in the writ, descriptive of the note sued on, and the note tendered in evidence. There was a demurrer to the evidence. The writ set forth a note given for rent, generally, and the note tendered in evidence, was given for rent (f a store-house. It is claimed, that the Court erred in overruling the demurrer. As the Common Law stood at the time of our adoption of it, we are inclined to believe that this would be a fatal variance; in England, at this day, it…

2Cases cited1 opinion

  1. Gates & Colvin v. GreenNew York Court of Chancery · 1834

3Cited by9 opinions

  1. Trust Co. of Georgia v. S. & W. CAFETERIACourt of Appeals of Georgia · 1958
  2. Japhet v. PolemanakosCourt of Appeals of Texas · 1913
  3. Snook & Austin Furniture Co. v. Steiner & EmerySupreme Court of Georgia · 1903
  4. M. M. Rowe Co. v. WallersteinSupreme Court of Virginia · 1926
  5. Marjon Associates, Inc. v. Leasing International, IncCourt of Appeals of Georgia · 1985

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