Candler v. Farmers Loan & Trust Co.
Supreme Court of Georgia
Equitable petition. Before W. E. Simmons, judge pro hac vice. Hall superior court-. January term, 1894. The petition of A. D. Candler against the Farmers Loan & Trust Co. and others was dismissed on demurrer.
Read the full summary
Equitable petition. Before W. E. Simmons, judge pro hac vice. Hall superior court-. January term, 1894. The petition of A. D. Candler against the Farmers Loan & Trust Co. and others was dismissed on demurrer. It alleges, that on January 29, 1884, as railroad contractor he filed a petition to the superior court, setting forth his claim of lien against the Gainesville, Jefferson & Dahlonega Railroad Co., and praying for judgment for his claim, and for the establishment of his lien. At the August term, 1884, a verdict and judgment were rendered in his favor, and a lien was allowed on a part of…
1Opinion of the Court
Atkinson, Justice.
The questions made in this case, except as hereinafter stated, are sufficiently set forth in the official report of the facts.
The motion to reinstate rests upon the hypothesis that the verdict originally rendered in the cause was void. If the verdict had been void in its entirety, the cause would have remained still pending and undetermined; but the vice of the hypothesis consists in the assumption that the entire verdict was void. It will be observed from an examination of the record in this case, a synopsis of which is contained in the plaintiff’s petition, set forth in…
2Cases cited1 opinion
- Farmers' Loan & Trust Co. v. CandlerSupreme Court of Georgia · 1891
3Cited by3 opinions
- Love v. HockenhullCourt of Appeals of Georgia · 1955
- Maxwell v. Summerville Lumber Co.Court of Appeals of Georgia · 1953
- Carpenter v. Citizens & Southern BankCourt of Appeals of Georgia · 1979