Legal Opinion
Tolar v. Funderburke
Court of Appeals of Georgia
Decided December 14, 1917No. 8619PublishedCited by 8 opinions
Complaint; from city court of Bainbridge — Judge Spooner. March 20, 1917.
1Opinion of the CourtWade, C. J.
T. 0. Funderburke instituted suit against Mrs. Tolar, to recover $365 principal, besides interest at 7 per cent., • alleged to be due according to contract for the boring of two deep wells upon her lands. The petition alleged distinctly that the de*437fendant was indebted to the plaintiff, and prayed for judgment; and it was verified by the affidavit of Funderburke, and process issued in his name as plaintiff. It is nowhere suggested that the plaintiff was a partnership doing business in the name and style of “T. C. Funderburke,” but to the contrary the petition as brought clearly seeks to…
2Cases cited4 opinions
- Thompson v. McDonaldSupreme Court of Georgia · 1889
- Myers v. HookCourt of Appeals of Georgia · 1912
- Massoud v. Lamar, Taylor & Riley Drug Co.Court of Appeals of Georgia · 1916
- Howard v. StateCourt of Appeals of Georgia · 1916
3Cited by8 opinions
- Chitwood v. McMillanSupreme Court of South Carolina · 1939
- Walker v. SheehanCourt of Appeals of Georgia · 1949
- Staten v. General Exchange InsuranceCourt of Appeals of Georgia · 1928
- Hill v. WallaceCourt of Appeals of Georgia · 1923
- Holston Box & Lumber Co. v. Vonberg & BatesCourt of Appeals of Georgia · 1925
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