Wortham v. Sinclair
Supreme Court of Georgia
Appeal. Before Judge Falligant. McIntosh superior court. May term, 1895. Wortham sued Sinclair upon an account dated at Darien, Ga., December 1, 1892, for “eight months board for G. W. Brandon, as per .agreement, at $8.00 per month, $64.00; one month board for Chese Pearce, as per agreement, at $8.00.” A judgment was rendered for plaintiff for the $72 sued for, and the defendant appealed to the superior court.
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Appeal. Before Judge Falligant. McIntosh superior court. May term, 1895. Wortham sued Sinclair upon an account dated at Darien, Ga., December 1, 1892, for “eight months board for G. W. Brandon, as per .agreement, at $8.00 per month, $64.00; one month board for Chese Pearce, as per agreement, at $8.00.” A judgment was rendered for plaintiff for the $72 sued for, and the defendant appealed to the superior court. In that court defendant pleaded not indebted, and also the following: “The debt claimed by plaintiff has been fully paid off and discharged before the entering of his suit.” The…
1Opinion of the Court
Lumpkin, Justice.
This was an action upon an account, tried in a justice’s court, wherein the- ■ plaintiff recovered. The defendant entered an appeal to the superior court, and on the trial there the plaintiff was nonsuited. The case depends almost entirely upon the Mew to be taken of the evidence, a statement of which appears in the official report.
1. In tbe superior court tbe defendant filed a plea alleging:- “The debt claimed by the plaintiff has been fully paid off and discharged before the entering of this suit.” Tbe plaintiff’s motion to strike this plea, upon the ground that it was…
2Cited by13 opinions
- Thomas v. ClarksonSupreme Court of Georgia · 1906
- Thomas & McCafferty v. SieselCourt of Appeals of Georgia · 1907
- Linam v. AndersonCourt of Appeals of Georgia · 1913
- Register v. Southern States Phosphate & Fertilizer Co.Supreme Court of Georgia · 1924
- Kahrs v. KahrsSupreme Court of Georgia · 1902
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