Barfield v. McCombs
Supreme Court of Georgia
Certiorari. Practice. Service. Evidence. Attorney and client. Presumption. Before’ Judge Fish. Dooly superior court. September adjourned term, 1891. Certiorari was sustained, the court rendering final judgment in favor of the plaintiff; and the defendant excepted.
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Certiorari. Practice. Service. Evidence. Attorney and client. Presumption. Before’ Judge Fish. Dooly superior court. September adjourned term, 1891. Certiorari was sustained, the court rendering final judgment in favor of the plaintiff; and the defendant excepted. It is assigned as error that the court overruled a motion to dismiss the certiorari on the ground that there was no proper notice of its sanction and of the time and place of hearing it, the counsel upon whom the notice was served (Busbee & Crum) stating in their place (which statement was uncontroverted) that they had been employed…
1Opinion of the Court
*800 Judgment reversed in part.
The action was for money had and received. The plaintiff- introduced the testimony of himself and of D. L. Henderson, as follows: The defendant employed Henderson as his attorney in October, 1890, to foreclose a mortgage which defendant had upon the crops of one Pollock, giving Henderson full control of the case both as agent and attorney, telling him to do> whatever he thought best in the matter. Henderson foreclosed the mortgage, and a levy was made on certain crops.' Before sale of the property, a distress warrant for $83.20 was sworn out by plaintiff as…
2Cited by5 opinions
- Brown v. ArnoldCourt of Appeals for the Eighth Circuit · 1904
- Bank of Oglethorpe v. BrooksCourt of Appeals of Georgia · 1924
- Hodnett v. DouglassSupreme Court of Georgia · 1906
- Norris v. Sibert & RobinsonCourt of Appeals of Georgia · 1936
- Merchants & Miners Transportation Co. v. Gable & SingerCourt of Appeals of Georgia · 1925