Levy v. Simmons
Supreme Court of Georgia
Trover. Non-suit. Demurrer. Practice. Before Judge Johnson. Taylor Superior Court, October Term, 1870. This was trover for a horse, by Simmons, against Levy. The pleas were the general issue, and that Levy had bought the horse from Simmons’ agent. At the trial, there was no contest as to demand, or as to the value of the horse, nor as to plaintiff’s having owned the horse.
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Trover. Non-suit. Demurrer. Practice. Before Judge Johnson. Taylor Superior Court, October Term, 1870. This was trover for a horse, by Simmons, against Levy. The pleas were the general issue, and that Levy had bought the horse from Simmons’ agent. At the trial, there was no contest as to demand, or as to the value of the horse, nor as to plaintiff’s having owned the horse. But the whole dispute was as to whether Levy had bought the horse from plaintiff It was shown, by three witnesses, that one Davis had the horse; Levy agreed to buy it, at $200 00, to be paid in a few days; that he was to…
1Opinion of the CourtWarner, J.
This was an action brought to recover the possession of a horse, and upon the trial thereof, after the plaintiff had closed his. evidence, the defendant made a motion for a non-suit, which the Court overruled, and the defendant excepted. The defendant then demurred to the plaintiff’s evidence, and there was a joinder in the demurrer by the plaintiff, and the Court,upon the hearing thereof, gave judgment for the plaintiff, to which the defendant excepted. The Court then referred the case to the jury to ascertain the plaintiff’s damages, and thereupon the defendant offered to prove, before the…
2Cited by1 opinion
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