Malone v. Robinson
Supreme Court of Georgia
Practice in Superior Court. Charge of Court. Bailments. Hiring. Before Judge Marshall J. Clarke. Fulton Superior Court. September Term, 1885. Robinson brought suit against Malone, alleging, in brief, as follows: In April, 1881, the plaintiff, who was a livery-stableman, hired a horse to the defendant for the purpose of driving from Carrollton to Buchanan, a distance of twenty miles.
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Practice in Superior Court. Charge of Court. Bailments. Hiring. Before Judge Marshall J. Clarke. Fulton Superior Court. September Term, 1885. Robinson brought suit against Malone, alleging, in brief, as follows: In April, 1881, the plaintiff, who was a livery-stableman, hired a horse to the defendant for the purpose of driving from Carrollton to Buchanan, a distance of twenty miles. The defendant drove the distance over a rough, hilly road in about two hours ; and although his attention was called to the fact that the horse was tired and heated, after resting a shqrt time, he drove on to a…
1Opinion of the Court
Hall, Justice.
The record makes but two questions of law for our determination. The first is, whether notice must be given to the opposite party of the time of filing before interroga, tories are filed in the case. The plaintiff in error insists that the notice is a prerequisite to the filing, and if it is not complied with, the answers to the interrogatories should be rejected, although the notice was given on the day the interrogatories were filed in the clerk’s office, but after they were so filed, and although he had more than ten full days for filing his cross-interrogatories before the…
2Cases cited1 opinion
- Collins v. HutchinsSupreme Court of Georgia · 1857
3Cited by18 opinions
- Elder v. Woodruff Hardware & Manufacturing Co.Court of Appeals of Georgia · 1911
- Orr v. CooledgeSupreme Court of Georgia · 1903
- Patten v. MillerSupreme Court of Georgia · 1940
- Pennington & Evans v. Douglas, Augusta & Gulf Railway Co.Court of Appeals of Georgia · 1908
- Wometco Theatres Inc. v. United Artists Corp.Court of Appeals of Georgia · 1936
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