Legal Opinion
Ayash v. Georgia Show-Case Co.
Court of Appeals of Georgia
Decided January 11, 1916No. 6449PublishedCited by 11 opinions
Trover; from city court of Americus — Judge Harper. February 5, 1915.
1Opinion of the CourtBroyles, J.
1. The court erred in sustaining the special demurrers to the answer, as they were not filed before the trial term.
2. The plaintiff having elected to bring his suit in trover, instead of suing upon the contract, the admission in evidence, .over appropriate objection, of the written contract between the parties, for any other purpose than to show title in the plaintiff, was error.(a) Any special terms or stipulations in the contract that might affect the rights of the parties if the suit had been to enforce the contract can not be considered in a trover suit. Moultrie Repair Co. v. Sill, 120…
2Cases cited4 opinions
- Moultrie Repair Co. v. HillSupreme Court of Georgia · 1904
- Merchants & Miners Transportation Co. v. Moore & Co.Supreme Court of Georgia · 1905
- Tidwell v. BurkettSupreme Court of Georgia · 1888
- McCord v. HillCourt of Appeals of Georgia · 1912
3Cited by11 opinions
- Securities Trust Co. v. MarshallCourt of Appeals of Georgia · 1923
- Smith v. Commercial Credit Co.Court of Appeals of Georgia · 1922
- City of Jeffersonville v. Cotton States Belting & Supply Co.Court of Appeals of Georgia · 1923
- Jones v. BrownCourt of Appeals of Georgia · 1963
- Standard Motors Finance Co. v. O'NealCourt of Appeals of Georgia · 1926
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