Davis v. Wimberly
Supreme Court of Georgia
Nonsuit. Partnership. Pleadings. Practice. Evidence. Before Judge Van Epps. City court of Atlanta. March term, 1890. Reported in the decision.
1Opinion of the Court
Simmons, Justice.
Davis sued Wimberly for $324.45, alleging that amount was due him by Wimberly; that they had been partners, and that the partnership was dissolved; and that Wimberly had this amount of money more than he was entitled to. Wimberly filed no plea. When the case was called, the court ordered counsel to strike a jury. Counsel for plaintiff objected to defendant participating in striking the jury, upon the ground that he had filed no plea and had no standing in court, which objection was overruled by the court. Plaintiff was introduced as a witness, and his counsel, having finished…
2Cases cited3 opinions
- Hayden v. JohnsonSupreme Court of Georgia · 1877
- Stephens v. Gate City Gas-Light Co.Supreme Court of Georgia · 1888
- Durden v. Carhart & BrotherSupreme Court of Georgia · 1870
3Cited by8 opinions
- Metropolitan Street Railroad v. JohnsonSupreme Court of Georgia · 1892
- Williams v. LinnCourt of Appeals of Georgia · 1963
- Laclede Land & Improvement Co. v. CreasonSupreme Court of Missouri · 1915
- Bowman v. WinnCourt of Appeals of Georgia · 1915
- Gary v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1931
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