Mitchell v. Schmidt
Supreme Court of Georgia
Foreclosure of mortgage. Before Judge Barker. Wilcox superior court. September 20, 1904. Schmidt commenced a proceeding against Mitchell, in Wilcox superior court, to foreclose a mortgage. The defendant answered, showing cause against the foreclosure.
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Foreclosure of mortgage. Before Judge Barker. Wilcox superior court. September 20, 1904. Schmidt commenced a proceeding against Mitchell, in Wilcox superior court, to foreclose a mortgage. The defendant answered, showing cause against the foreclosure. The case will be found reported in 117 Ga. 6. The answer of the defendant is there sufficiently set out, except certain allegations and a prayer substantially as follows: Plaintiff and defendant have had large dealings for a number of years, and it is impossible for this defendant to set out an itemized statement of all said dealings, but they…
1Opinion of the CourtDumpkin, J.
(After stating the foregoing facts.) 1. There . was no error in refusing the motion to recommit this case to the auditor. If it was not too late to make the motion, and if the presiding judge had'a discretionary power in regard to it, he did not err in refusing it. On the subject of recommitting to aauditor, see Littleton v. Patton, 112 Ga. 438, (5); Fleetwood v. Bibb, 113 Ga. 618; Sanford v. Tanner, 114 Ga. 1006, 1015; Cureton v. Cureton, 120 Ga. 563.
2. It was determined by this court, when the case was previously before it, that there was nothing in the pleadings which raised the issue…
2Cases cited4 opinions
- Cureton v. CuretonSupreme Court of Georgia · 1904
- Littleton v. Patton & Co.Supreme Court of Georgia · 1900
- Tifton, Thomasville & Gulf Railway Co. v. ChastainSupreme Court of Georgia · 1905
- Fleetwood v. BibbSupreme Court of Georgia · 1901
3Cited by4 opinions
- Almand v. ThomasSupreme Court of Georgia · 1918
- Loewenherz v. WeilCourt of Appeals of Georgia · 1925
- American Associated Companies, Inc. v. VaughanSupreme Court of Georgia · 1953
- Chandler v. Merchants & Mechanics National BankCourt of Appeals of Georgia · 1923