Legal Opinion

Bryson v. Miraglia

Supreme Court of Georgia

Decided September 4, 1924No. 3928PublishedCited by 1 opinion

Specific performance. Before Judge Malcolm D. Jones. Bibb superior court. July 14, 1923. In a suit upon certain promissory notes, brought to the January term, 1918, of the city court of Macon, Ed. Miraglia recovered a judgment against Gertrude Bryson individually, and against her as trustee of her daughter Johnnie Eva, and against her husband John J. Bryson, for $400, besides interest and attorney’s fees.

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Specific performance. Before Judge Malcolm D. Jones. Bibb superior court. July 14, 1923. In a suit upon certain promissory notes, brought to the January term, 1918, of the city court of Macon, Ed. Miraglia recovered a judgment against Gertrude Bryson individually, and against her as trustee of her daughter Johnnie Eva, and against her husband John J. Bryson, for $400, besides interest and attorney’s fees. Execution was duly issued and levied 'on described land “as the property of the defendants” in fi. fa. and the property was advertised for sale. Gertrude Bryson employed an attorney to…

1Opinion of the CourtAtkinson, J.

1. When this ease was before the Supreme Court on a former occasion (Miraglia v. Bryson, 152 Ga. 828, 111 S. E. 655), on exception to a judgment reinstating the case after it had been dismissed at a prior term of court, the judgment of the trial court was affirmed, and in the fifth division it was said: “This court will not pass upon the question whether the plaintiff’s petition set out a good cause of action, and hold that the court should have denied the motion to reinstate because no such action was therein set out, as this matter was not passed upon by the court below.” Held, that this…

2Cases cited5 opinions

  1. Miraglia v. BrysonSupreme Court of Georgia · 1922
  2. Deen v. WilliamsSupreme Court of Georgia · 1907
  3. Arnold v. ArnoldSupreme Court of Georgia · 1922
  4. Thompson v. ThompsonSupreme Court of Georgia · 1924
  5. Castellow v. BrownSupreme Court of Georgia · 1904

3Cited by1 opinion

  1. Head v. ScruggsSupreme Court of Georgia · 1934

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