Cox v. Manning
Court of Appeals of Georgia
Bail-trover; from city court of Leesburg — Judge Long. April 24, 1913. A. E. Manning brought trover against Cox for a stock of merchandise, and sued out bail process; and, on failure of the defendant to give bond, the plaintiff gave the statutory bond and the property was delivered to him.
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Bail-trover; from city court of Leesburg — Judge Long. April 24, 1913. A. E. Manning brought trover against Cox for a stock of merchandise, and sued out bail process; and, on failure of the defendant to give bond, the plaintiff gave the statutory bond and the property was delivered to him. The defendant filed an answer, in which he averred that the firm of A. E. Manning & Company, composed of A. E. Manning and himself, owned the stock of goods in question; that he held'possession of the goods as a member of the firm, 'and for the use and benefit of the firm; that he was the general manager,…
1Opinion of the CourtRussell, J.
1. The direction given to this ease by the trial judge secured substantial justice, and the judgment will not be reversed in order that the same result may be more technically reached by regular procedure at a later stage in the trial.
2. Under the undisputed evidence trover was not available to the plaintiff as a remedy to settle the matters in dispute between the members of a partnership composed of the plaintiff and the defendant. The testimony showed that title to the property sought to be recovered was in the partnership, and that the plaintiff’s interest therein could not be determined *519un…
2Cases cited1 opinion
- Miller & Son v. FreemanSupreme Court of Georgia · 1900
3Cited by2 opinions
- Bush v. SmithCourt of Appeals of Georgia · 1948
- Dixon v. WilsonCourt of Appeals of Georgia · 1958