Legal Opinion
Smith v. Franklin Printing Co.
Court of Appeals of Georgia
Decided October 19, 1936No. 25587PublishedCited by 13 opinions
1Opinion of the CourtSutton, J.
1. A motion in arrest of or to set aside a judgment may be interposed, as provided by statute, where it appears from the face of the record or the pleadings that no cause of action exists against the defendant. Tolbert v. Tolbert, 41 Ga. App. 737 (154 S. E. 655) ; Code, §§ 110-702, 110-703, 110-704. But ‘‘a judgment may not be arrested or set aside for any defect in the pleadings or record that is aided by verdict or amendable as matter of form.” § 110-705.
2. Where a principal advances money to his agent on a drawing account against his commission to be earned as a salesman for selling…
2Cases cited6 opinions
- Richmond Dry Goods Co. v. WilsfnWest Virginia Supreme Court · 1928
- Fried v. Portis Bros. Hat Co.Court of Appeals of Georgia · 1930
- Seaboard Air-Line Railway Co. v. JollySupreme Court of Georgia · 1925
- Tolbert v. TolbertCourt of Appeals of Georgia · 1930
- Weems v. KiddCourt of Appeals of Georgia · 1927
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Kennesaw Life & Accident Insurance v. HendricksCourt of Appeals of Georgia · 1963
- Rahal v. TitusCourt of Appeals of Georgia · 1964
- Valdosta Roofing & Supply Co. v. LawrenceCourt of Appeals of Georgia · 1953
- Sutton v. AverySupreme Court of Connecticut · 1945
- Selig v. BergmanWashington Supreme Court · 1953
8 more not listed; retrieve them via the Exa API.