Coweta Fertilizer Co. v. Johnson
Court of Appeals of Georgia
Complaint; from city court of Carrollton- — Judge Beall. October 30, 1920. The Coweta Fertilizer Company sued A. F. Johnson on a promissory note.
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Complaint; from city court of Carrollton- — Judge Beall. October 30, 1920. The Coweta Fertilizer Company sued A. F. Johnson on a promissory note. At the appearance term the defendant filed a plea in which he alleged that he had made a pa3rment of $85 on the note, which was not credited thereon; and when the case was reached for trial the attorneys for both plaintiff and defendant agreed on a consent verdict for the plaintiff for the amount of the note, less a credit of $42.50. Judgment was entered accordingly. During the term at which the verdict and judgment were rendered the defendant made…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
Yerdiets and judgments rendered by consent of counsel in *529good faitli and without any fraud or violation of express instructions given by the client to the attorney and known to the adverse party or his attorney are binding upon the client, the consent of counsel being in law the consent of the parties they represent. Civil Code (1910), § 4955. In the case of Davis v. First National Bank of Blakely, 139 Ga. 703 (78 S. E. 193, 46 L. R. A. (N. S.) 75), Mr. Justice Lumpkin, in quite a lengthy and learned decision reviewing the English rule on the subject and…
2Cases cited1 opinion
- Perkerson v. ReamsSupreme Court of Georgia · 1890
3Cited by4 opinions
- Elliott v. ElliottSupreme Court of Georgia · 1937
- Brannan v. MobleySupreme Court of Georgia · 1929
- Phoenix Properties of Atlanta, Inc. v. UmsteadSupreme Court of Georgia · 1980
- Childs v. State BankCourt of Appeals of Georgia · 1924