Singer Manufacturing Co. v. Walker & Co.
Supreme Court of Georgia
Appeal. Justice Courts. Practice in Superior Court. Certiorari. Amendment. Before Judge Marshall' J. Clarke. Fulton Superior Court. March Term, 1886. Walker & Company sued the Singer Manufacturing Company on an account in a justice’s court and recovered judgment. The defendant appealed to a jury in that court. When the case was called on the appeal, the defendant was not present. The plaintiff moved to dismiss the appeal, which motion was granted.
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Appeal. Justice Courts. Practice in Superior Court. Certiorari. Amendment. Before Judge Marshall' J. Clarke. Fulton Superior Court. March Term, 1886. Walker & Company sued the Singer Manufacturing Company on an account in a justice’s court and recovered judgment. The defendant appealed to a jury in that court. When the case was called on the appeal, the defendant was not present. The plaintiff moved to dismiss the appeal, which motion was granted. The defendant carried the case to the superior court by certiorari, and on the hearing moved to amend it by assigning error because the judgment of…
1Opinion of the Court
Hall, Justice.
1. Where judgment has been rendered in a justice’s court against the defendant in a suit, and he enters an appeal to a jury in that court, can the justice dismiss the appeal, on motion of plaintiff, because the defendant fails to put in an appearance and defend when the case is called for trial upon the appeal? This is the only question made by the record which it is necessary to consider. We cannot concur with our learned brother of the superior court in his judgment that the absence of the appellant, who was the defendant in the suit, from the trial when the appeal was called,…
2Cited by14 opinions
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- Western & Atlantic Railroad v. JacksonSupreme Court of Georgia · 1888
- Byers v. ByersCourt of Appeals of Georgia · 1930
- National Furniture Co. v. EdwardsSupreme Court of Georgia · 1898
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