Vinson v. State
Supreme Court of Georgia
Accusation of cheating and swindling. Before Judge Overstreet. City court of Sylvania. July 12, 1905. An accusation was brought in the city court of Sylvania against Henry Vinson, charging him with procuring money and other articles of value on a contract to perform services, with intent to defraud the hirer, under the act of 1903 (Acts 1903, p. 90). He filed a demurrer to the accusation, and, upon its being overruled, filed a bill of exceptions pendente lite.
Read the full summary
Accusation of cheating and swindling. Before Judge Overstreet. City court of Sylvania. July 12, 1905. An accusation was brought in the city court of Sylvania against Henry Vinson, charging him with procuring money and other articles of value on a contract to perform services, with intent to defraud the hirer, under the act of 1903 (Acts 1903, p. 90). He filed a demurrer to the accusation, and, upon its being overruled, filed a bill of exceptions pendente lite. He was convicted, moved for a new trial, and upon the overruling of the motion excepted.
1Opinion of the CourtLuMPKiN, J.
(After stating the facts.) 1. One ground of the demurrer was that the defendant was not a laborer, but “a share cropper,” during the year 1905, and therefore did not fall within the act of 1903. The Civil Code, §3131, declares: “Where one is employed to work for part of the crop, the relation of landlord and tenant does not arise. The title to the crop, subject to the interest of the cropper therein, and the possession of the land remain in the owner.” A cropper does not occupy the position of a partner. Padgett v. Ford, 117 Ga. 508; DeLoach v. Delk, 119 Ga. 884. If the agreement is, not that…
2Cases cited11 opinions
- McElmurray v. TurnerSupreme Court of Georgia · 1890
- People v. KendallNew York Supreme Court · 1841
- Deloach v. DelkSupreme Court of Georgia · 1904
- Padgett v. FordSupreme Court of Georgia · 1903
- Mabry v. JudkinsSupreme Court of Georgia · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Johnson v. StateSupreme Court of Georgia · 1906
- Clemons v. OlshineCourt of Appeals of Georgia · 1936
- Wilson v. StateSupreme Court of Georgia · 1912
- Brown v. StateCourt of Appeals of Georgia · 1910
- Bullard v. StateCourt of Appeals of Georgia · 1939
5 more not listed; retrieve them via the Exa API.