Atlanta & West Point Railroad Co. v. Georgia Railway & Electric Co.
Supreme Court of Georgia
Appeal. Before Judge Pendleton. Fulton superior court. October 3, 1905. The Georgia Railway and Electric Company sued the Atlanta and West Point Railroad Company in a justice’s court. The cause of action attached to the summons was: “The Georgia Railway and Electric Company shows: (1) That the Atlanta & West Point Railroad Company is indebted to it in the sum of $39.39 for overcharge in freight and $39.38 as penalty.
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Appeal. Before Judge Pendleton. Fulton superior court. October 3, 1905. The Georgia Railway and Electric Company sued the Atlanta and West Point Railroad Company in a justice’s court. The cause of action attached to the summons was: “The Georgia Railway and Electric Company shows: (1) That the Atlanta & West Point Railroad Company is indebted to it in the sum of $39.39 for overcharge in freight and $39.38 as penalty. (2) Said Georgia Railway and Electric Company paid the said Atlanta & West Point Railroad Company certain freight bills as shown in the attached account, whereas the freight did…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) While the law does not require that a pleader in a justice’s court shall set forth his cause of action with all that formality which is required in courts of record, what is required to be set forth is subject to the rule that pleadings are to be taken most strongly against the pleader. The pleader in the justice’s court must avoid expressions which are ambiguous, or pay the penalty resulting from the use of such language. Applying this rule, the cause of action alleged was certainly equivocal in its terms. It can be construed either as a suit for a…
2Cases cited4 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Nevada County & Sacramento Canal Co. v. KiddCalifornia Supreme Court · 1865
- Holbrook v. Town of NorcrossSupreme Court of Georgia · 1904
- Mayor of Eastman v. CameronSupreme Court of Georgia · 1900
3Cited by11 opinions
- Jenkins v. LaneSupreme Court of Georgia · 1922
- Ivins v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1928
- McRae v. BrittonCourt of Appeals of Georgia · 1977
- Bush v. AddisonCourt of Appeals of Georgia · 1930
- Cooney v. FooteCourt of Appeals of Georgia · 1914
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