Legal Opinion

Carreker v. Thornton

Court of Appeals of Georgia

Decided March 28, 1907No. 117Published

Garnishment and claim, from Pike superior court — Judge Reagan. May 7, 1906.

1Opinion

On Motion eor Rehearing.

Powell, J.

Motion has been filed to rehear both these cases. In No. 117 the ground is that the court overlooked the fact that the allegations of fraud in the plaintiff’s petition were general and not specific. We reached the conclusion that even in the absence of the issue of fraud the verdict rendered was demanded by the evidence; hence we disregarded these allegations as mere surplusage. We are asked to rehear No. 116 principally on the ground that this court overlooked the fact that one of the assignments of error was upon the court’s refusal to dismiss the case; and…

2Cases cited11 opinions

  1. Ramey v. O'ByrneSupreme Court of Georgia · 1904
  2. Osborne v. RiceSupreme Court of Georgia · 1899
  3. Montgomery v. KingSupreme Court of Georgia · 1906
  4. Duke v. StorySupreme Court of Georgia · 1901
  5. Kelly & Jones Co. v. MooreSupreme Court of Georgia · 1906

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