Clark v. Gay
Supreme Court of Georgia
Action for damages. Before Judge Evans. Emanuel superior court. May 18, 1900. W. W. Clark alleged, that A. A. Gay endamaged him one thousand dollars or other large sum, for that said Gay sought one of the hired servants (a colored man) of petitioner, for the sole purpose of having a difficulty with him; that he approached said negro near the premises of petitioner, with the intention of raising a difficulty with him, wilfully, and in bad faith toward petitioner, [and] did…
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Action for damages. Before Judge Evans. Emanuel superior court. May 18, 1900. W. W. Clark alleged, that A. A. Gay endamaged him one thousand dollars or other large sum, for that said Gay sought one of the hired servants (a colored man) of petitioner, for the sole purpose of having a difficulty with him; that he approached said negro near the premises of petitioner, with the intention of raising a difficulty with him, wilfully, and in bad faith toward petitioner, [and] did raise a difficulty with said negro, who at once fled from said Gay toward petitioner’s house, said Gay pursuing him with…
1Opinion of the CourtLewis, J.
The complaint in this case is that the court below erred in sustaining a general demurrer to the plaintiff’s petition (the substance of which will be found in the official report), on the ground that it set forth no cause of action.
1. After a careful study of the petition, the only definite purpose that we can gather from it is to recover the value of the plaintiff’s house on account of the defendant’s unlawfully pursuing a servant of the plaintiff and killing him in the house. There is no allegation of actual physical damage done to the house, nor is there anything to show that it was not in…
2Cited by4 opinions
- Johnson v. EdwardsSupreme Court of Georgia · 1917
- Rochelle v. CarrCourt of Appeals of Texas · 1967
- Dunbar v. HinesCourt of Appeals of Georgia · 1920
- Pitchford v. StoddardCourt of Appeals of Georgia · 1926