Ederheimer, Stein & Co. v. Carson
Court of Appeals of Georgia
Certiorari; from Tift superior court — Judge Thomas. December 15, 1913. A verdict in this case was rendered in the city court in favor of the defendant, and the case came to the Court of Appeals on exceptions to the refusal of the plaintiffs’ motion for a new trial. This court reversed the judgment and held that the evidence demanded a verdict in favor of the plaintiffs. 7 Ga. App. 304 (66 S. E. 814). The defendant then amended his plea, and set up discharge in bankruptcy.
Read the full summary
Certiorari; from Tift superior court — Judge Thomas. December 15, 1913. A verdict in this case was rendered in the city court in favor of the defendant, and the case came to the Court of Appeals on exceptions to the refusal of the plaintiffs’ motion for a new trial. This court reversed the judgment and held that the evidence demanded a verdict in favor of the plaintiffs. 7 Ga. App. 304 (66 S. E. 814). The defendant then amended his plea, and set up discharge in bankruptcy. A motion to strike this plea was overruled, and at the conclusion of the evidence on the trial, the court directed a…
1Opinion of the CourtRoan, J.
When this case was first before this court, it was held that the evidence demanded 'a verdict in the plaintiffs’ favor. And when the case afterwards came up, on the refusal of the judge of the superior court to sanction the plaintiffs’ petition for certiorari, the Court of Appeals ruled that the defendant was estopped from setting up discharge in bankruptcy as a defense, and again ruled that the plaintiffs were entitled to recover, as a matter of law, on the evidence in the case. These two decisions (cited supra) seem to have eliminated all questions of fact.from the case; and, there being no…
2Cases cited2 opinions
- James v. SmithSupreme Court of Georgia · 1879
- Greenwood v. Boyd & Baxter Furniture FactorySupreme Court of Georgia · 1891
3Cited by1 opinion
- Treadwell v. City of Social CircleCourt of Appeals of Georgia · 1961