Halliday v. Bank of Stewart County
Supreme Court of Georgia
Action for money had and received. Before Judge Littlejohn. Stewart superior court. July 2, 1906. Halliday brought suit against the Bank of Stewart County, alleging that defendant was indebted to him in the sum of $22.62, besides interest from November 11, 1899, for money had and received to and for his use, etc., which defendant refused to pa3r; .that it was, in like manner and for like reason, indebted to him in the sum of $493.36, besides interest from November 28, 1899,…
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Action for money had and received. Before Judge Littlejohn. Stewart superior court. July 2, 1906. Halliday brought suit against the Bank of Stewart County, alleging that defendant was indebted to him in the sum of $22.62, besides interest from November 11, 1899, for money had and received to and for his use, etc., which defendant refused to pa3r; .that it was, in like manner and for like reason, indebted to him in the sum of $493.36, besides interest from November 28, 1899, which amount it also refused to pay. In its answer defendant denied generally the allegations of the petition, except…
1Opinion of the CourtFish, C. J.
(After stating the facts.)
1. One ground of the motion for a new trial was, that the court erred in admitting in evidence the record of the trover suit, over the objections urged by plaintiff against its admission. -It is contended by counsel for defendant -in error that objection to the introduction of this evidence came too late, as the record offered was “exactly the same” as that “annexed to the plea of res adjudícala as an exhibit and by reference made a part thereof,” and that, so far as the record of the present case discloses, there was no demurrer to this plea. As seen in the…
2Cases cited8 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Draper v. MedlockSupreme Court of Georgia · 1905
- Crew v. HutchesonSupreme Court of Georgia · 1902
- Hunter v. DavisSupreme Court of Georgia · 1856
- Johnson v. LovelaceSupreme Court of Georgia · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Atwood v. AtwoodSupreme Court of Minnesota · 1949
- Prisant v. FeingoldSupreme Court of Georgia · 1930
- Sparks & Hutson v. FortCourt of Appeals of Georgia · 1923
- Ayers v. YoungSupreme Court of Georgia · 1954
- Roberts v. MooreSupreme Court of Georgia · 1911
5 more not listed; retrieve them via the Exa API.