Legal Opinion

Hendrix & McBurney v. Mason

Supreme Court of Georgia

Decided February 20, 1883PublishedCited by 20 opinions

Gertiovari. Justice Courts. Bonds. Amendment. Before Judge Hillyer. Eulton Superior Court. April Term, 1882. Hendrix & McBurney sued Mason in the justice’s court of the 1026th district G. M., on an open account for $75.00. When the case was called for trial, the defendant not being-present, judgment -was rendered for the plaintiffs.

Read the full summary

Gertiovari. Justice Courts. Bonds. Amendment. Before Judge Hillyer. Eulton Superior Court. April Term, 1882. Hendrix & McBurney sued Mason in the justice’s court of the 1026th district G. M., on an open account for $75.00. When the case was called for trial, the defendant not being-present, judgment -was rendered for the plaintiffs. Two days later, G. W. Adair, the duly authorized agent and attorney in fact for Mason, the latter being sick, went to the office of the justice of the peace and offered to enter an appeal to a jury in that court. He proposed to deposit an amount of money as…

1Opinion of the Court

Jackson, Chief Justice.

The superior court sustained a certiorari to a justice’s court, granted to John Mason against Hendrix & McBurney; whereupon the latter excepted, and assign for error that the superior court erred, first, in not dismissing the writ of certiorari because the bond was executed before a commercial notary public; secondly, in sustaining the certiorari and remanding the case for trial before a jury in the justice’s court; and thirdly, in holding that the appeal bond for jury trial in the justice’s court was amendable.

1. The statute requires that the applicant give a bond, in…

2Cases cited2 opinions

  1. Miller v. HensleySupreme Court of Georgia · 1880
  2. Tibbs v. WilliamsonSupreme Court of Georgia · 1878

3Cited by20 opinions

  1. DeLamar v. DollarSupreme Court of Georgia · 1907
  2. Hamilton & Co. v. Phenix InsuranceSupreme Court of Georgia · 1899
  3. Department of Industrial Relations v. Travelers InsuranceSupreme Court of Georgia · 1933
  4. Gittens v. WhelchelCourt of Appeals of Georgia · 1913
  5. Head v. Marietta Guano Co.Supreme Court of Georgia · 1906

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API