Southern Express Co. v. Chero-Cola Bottling Co.
Court of Appeals of Georgia
(Certiorari granted by the Supreme Court.) Action for damages; from city court of Carrollton—Judge Beall. September 13, 1918. The Chero-Cola Bottling Company sued the Southern Express Company for $141 because of damage to certain “Seldon Car” engine cylinders which the plaintiff alleged were delivered to the express company by the Southern Auto & Equipment Company for shipment and shipped to Horton’s' Garage, Carrollton, Georgia, and were damaged while in the defendant’s…
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(Certiorari granted by the Supreme Court.) Action for damages; from city court of Carrollton—Judge Beall. September 13, 1918. The Chero-Cola Bottling Company sued the Southern Express Company for $141 because of damage to certain “Seldon Car” engine cylinders which the plaintiff alleged were delivered to the express company by the Southern Auto & Equipment Company for shipment and shipped to Horton’s' Garage, Carrollton, Georgia, and were damaged while in the defendant’s possession. The defendant in its plea denied the material allegations of the plaintiff’s petition. The action was brought…
1DissentBroyles, P. J.
At the trial term, upon the hearing of the motion to strike the defendant’s plea from the files of the court, the undisputed evidence, which was admitted without objection, showed'the following facts: The case was returnable to tire March term, 1918, of the city court of Carrollton. When *194the ease was called, on the day which had been previously fixed for the call of the appearance docket for that term, no plea had been filed by the defendant, and the clerk of the court so announced to the presiding judge. The judge thereupon made the following entry on the docket of the court, to wit: “In…
2Cases cited3 opinions
- Albany Pine Products Co. v. Hercules Manufacturing Co.Supreme Court of Georgia · 1905
- Coker & Son v. LipscombCourt of Appeals of Georgia · 1916
- Longalife Paint Co. v. WilliamsCourt of Appeals of Georgia · 1917