Legal Opinion

Heard v. Phillips

Supreme Court of Georgia

Decided July 9, 1897PublishedCited by 15 opinions

Equitable petition. Before Judge Lumpkin. Fulton superior court. September term, 1896.

1Opinion of the CourtLittle, J.

1. The present suit was filed on August 14th, 1894, and made returnable to the September term of Fulton superior' court, which by law met on the first Monday in September, which Monday was the 3d day of that month. The cause coming on -for a hearing, defendants’ counsel moved to dismiss the same,- on the ground that' the suit had not been filed for the length of time required by law, that is 20 days, before the sitting of the court for the September term. This motion was overruled, and is made a ground of exception in the motion for a new trial. The contention is, that the Sunday preceding…

2Cases cited4 opinions

  1. Hines v. RutherfordSupreme Court of Georgia · 1881
  2. Merritt v. Gate City National BankSupreme Court of Georgia · 1897
  3. Hawkins v. DearingSupreme Court of Georgia · 1894
  4. Allen v. NapierSupreme Court of Georgia · 1885

3Cited by15 opinions

  1. Boynton v. ReeseSupreme Court of Georgia · 1900
  2. Turner v. WoodwardSupreme Court of Georgia · 1911
  3. Hanesley v. BagleySupreme Court of Georgia · 1899
  4. Edenfield v. RountreeCourt of Appeals of Georgia · 1925
  5. Booth v. YoungSupreme Court of Georgia · 1919

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