Legal Opinion

Thomas & McCafferty v. Siesel

Court of Appeals of Georgia

Decided October 22, 1907No. 304PublishedCited by 18 opinions

Complaint, from city court of Macon — Judge Hodges. September 8, 1906. S. Siesel, surviving partner of the firm of S. Siesel & Company, sued Thomas & McCafferty on four promissory notes, which he alleged were executed and delivered by the defendants to S. Siesel & Company for a valuable consideration on September 9, 1892 (the date recited therein). The answer contained the following paragraph: “Defendants deny that any note of any kind was ever executed and delivered to said…

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Complaint, from city court of Macon — Judge Hodges. September 8, 1906. S. Siesel, surviving partner of the firm of S. Siesel & Company, sued Thomas & McCafferty on four promissory notes, which he alleged were executed and delivered by the defendants to S. Siesel & Company for a valuable consideration on September 9, 1892 (the date recited therein). The answer contained the following paragraph: “Defendants deny that any note of any kind was ever executed and delivered to said S. Siesel & Company for a valuable consideration, and that any note of any kind is now due and owing bjr the said…

1Opinion of the CourtPowell, J.

1. Under the decision of the Supreme Court in the certified case of Lyndon v. Georgia Railway & Electric Co., 129 Ga. 353 (58 S. E. 1047), wherein former contrary rulings are modified and overruled, the writ of error in the present case is not subject to dismissal.

2. Where exception is taken to the refusal of the court to allow an amendment to pleadings, the proffered amendment should bo set out, literally or in substance, in the bill of exceptions, or attached as a duly authenticated exhibit thereto. This court can not consider it, if it be brought up in the transcript of record. Walker v.…

2Cases cited9 opinions

  1. Lyndon v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1907
  2. Johnson v. CobbSupreme Court of Georgia · 1897
  3. Walker v. Equitable Mortgage Co.Supreme Court of Georgia · 1902
  4. Atlantic Coast Line Railroad v. Hart Lumber Co.Court of Appeals of Georgia · 1907
  5. Lester v. McIntoshSupreme Court of Georgia · 1897

4 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Lott v. BanksCourt of Appeals of Georgia · 1917
  2. Linam v. AndersonCourt of Appeals of Georgia · 1913
  3. Dixon v. BondCourt of Appeals of Georgia · 1916
  4. McMillan v. Fourth National BankCourt of Appeals of Georgia · 1916
  5. Richey v. JohnsonCourt of Appeals of Georgia · 1917

13 more not listed; retrieve them via the Exa API.

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