Davis v. Meyers
Supreme Court of Georgia
Homestead. Landlord and Tenant. Estoppel. Before Judge Johnson. Schley Superior Court. October Term, 1869. These causes were by consent argued here together. The facts necessary to an understanding of the opinion appear on it. It will also furnish a good reason for not attempting a more detailed or particular account of them here. The original papers were lost, and just before argument here, copies were established.
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Homestead. Landlord and Tenant. Estoppel. Before Judge Johnson. Schley Superior Court. October Term, 1869. These causes were by consent argued here together. The facts necessary to an understanding of the opinion appear on it. It will also furnish a good reason for not attempting a more detailed or particular account of them here. The original papers were lost, and just before argument here, copies were established. This may account in part for the uncertainty as to the facts.
1Opinion of the Court
By the Court—
BROWN, C. J.,
delivering the opinion.
This proceeding affords an illustration of the bad effect of a relaxation of the rules of law and practice which govern in this Court. The records in these two cases, heard together, are so defective, and so much confused, that it is impossible to determine from an' examination of them, what was the precise state of the cases before his Honor, Judge Johnson, when he made the decision. But as no motion was made to *97dismiss the cases, on that ground, the Court heard them, when it should' have dismissed' them on its own motion, on account of the…
2Cited by5 opinions
- Ex parte BarnesSupreme Court of Alabama · 1887
- Shirling v. KennonSupreme Court of Georgia · 1904
- Watson v. WilliamsSupreme Court of Georgia · 1900
- Morrow Transfer & Storage Co. v. WhitsonCourt of Appeals of Georgia · 1917
- Wells v. HawkinsSupreme Court of Georgia · 1908