Melson v. Dickson
Supreme Court of Georgia
Jurors. Attorney and client. Set-off. Actions. Plead- . ings. Before Judge Buchanan. Coweta Superior Court. March Terra, 1879. Dickson brought an action of trespass guare clausum fregit against Melson. Defendant pleaded as follows : (1) The general issue. (2.) That he was ' the owner of the premises and had a right to enter.
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Jurors. Attorney and client. Set-off. Actions. Plead- . ings. Before Judge Buchanan. Coweta Superior Court. March Terra, 1879. Dickson brought an action of trespass guare clausum fregit against Melson. Defendant pleaded as follows : (1) The general issue. (2.) That he was ' the owner of the premises and had a right to enter. That the different counts of the declaration ■referred to the same transaction, which was this : Plaintiff was a tenant of defendant on the premises, and agreed to pay him §600.00 on November 1st, 1875, as rent from September 1st, 1874, to the close of the year 1875. This…
1Opinion of the Court
Jackson, Justice.
This was an action of trespass quare clausum fregit.. where the jury found for the plaintiff, and the defendant moved for a new trial, which was refused, and he excepted.
1. The brothers and cousins of the counsel, whose contract entitled them to part of the recovery, and who, under pur Code, have a lien for their fees on the suit and the judgment, should have been stricken for cause. Under the English law no such fees are allowed to counsel, and therefore kinsmen of the counsel are not incompetent jurors. Hence the dictum in Bacon’s Abridgment. 5 Bacon’s Abridg. title,…
2Cases cited11 opinions
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- Tufts v. DuBignonSupreme Court of Georgia · 1878
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