Partridge v. Hollinshead
Supreme Court of Georgia
Action on contract. Before Judge Reese., Lincoln superior -court. October term, 1897. The plaintiff sued Wright, Harmon, Hollinshead, and Mc-.Brayer, for $600 on account of an alleged breach of contract to take and pay for a lot of lumber. At the trial the court granted .a nonsuit, and plaintiff excepted.
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Action on contract. Before Judge Reese., Lincoln superior -court. October term, 1897. The plaintiff sued Wright, Harmon, Hollinshead, and Mc-.Brayer, for $600 on account of an alleged breach of contract to take and pay for a lot of lumber. At the trial the court granted .a nonsuit, and plaintiff excepted. He introduced in evidence the contract signed by himself and by Hollinshead, Wright, and 'Harmon, described therein as the building committee of the Lincoln County Institute, dated September 3, 1894, and reciting as follows: In consideration of $600 to be paid him as hereinafter provided, he…
1Opinion of the CourtLittle, J.
1. On the call of this case, the defendant in error submitted a motion to dismiss the writ of error, on the1 .ground, among others, that, notwithstanding the bill of exceptions was sued out to the grant of a nonsuit, the evidence was not brought up in the bill of exceptions, but was only .set out in the transcript of the record; and contended that under the law, -the evidence should have been embodied in the bill of exceptions, .and. that there was no authority for bringing it up otherwise in this class of cases. While it is true that by the provisions of section 4253 of the Code of 1882, it…
2Cases cited4 opinions
- Mann v. ArcherSupreme Court of Georgia · 1882
- Nall v. Farmers Warehouse Co.Supreme Court of Georgia · 1895
- Hightower v. FlandersSupreme Court of Georgia · 1882
- Hodges & Van Duzer v. RobertsSupreme Court of Georgia · 1887
3Cited by7 opinions
- Raleigh & Gaston Railroad v. Pullman Co.Supreme Court of Georgia · 1905
- Phinizy v. BushSupreme Court of Georgia · 1907
- Chambliss v. HallCourt of Appeals of Georgia · 1966
- Taylor v. McLaughlinSupreme Court of Georgia · 1904
- Johnson v. Gleaton, Jones & Co.Court of Appeals of Georgia · 1908
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