Legal Opinion

Johnson v. Dodge Manufacturing Co.

Court of Appeals of Georgia

Decided December 24, 1909No. 1990PublishedCited by 2 opinions

Certiorari; from Richmond superior court — Judge Hammond. May 15, 1909.

1Opinion of the CourtPowell, J.

1. There was evidence to authorize the verdict, and the judge of the superior court did not err in overruling the certiorari.

2. The defense that an action is prematurely brought is dilatory only, and must be specially pleaded. Realty Co. v. Ellis, 4 Ga. App. 402 (61 S. E. 832) ; Jester v. Bainbridge State Bank, 4 Ga. App. 469 (61 S. E. 926). Judgment affirmed.

2Cases cited2 opinions

  1. Realty Co. v. EllisCourt of Appeals of Georgia · 1908
  2. Jester v. Bainbridge State BankCourt of Appeals of Georgia · 1908

3Cited by2 opinions

  1. Linam v. AndersonCourt of Appeals of Georgia · 1913
  2. American National Insurance v. LynchCourt of Appeals of Georgia · 1934