Elmore & Womble v. Thaggard
Supreme Court of Georgia
Action on contract. Before Judge Rawlings. Tattnall superior court. January 14, 1907. The suit was by N. A. Thaggard against Elmore & Womble as principals and the United States Fidelity & Guaranty Company •as suretjx, and was based upon a building contract and a bond to secure the faithful performance of the contract. General and ■special demurrers to the petition were overruled, the trial resulted in a verdict against the defendants, and a new trial was refused.
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Action on contract. Before Judge Rawlings. Tattnall superior court. January 14, 1907. The suit was by N. A. Thaggard against Elmore & Womble as principals and the United States Fidelity & Guaranty Company •as suretjx, and was based upon a building contract and a bond to secure the faithful performance of the contract. General and ■special demurrers to the petition were overruled, the trial resulted in a verdict against the defendants, and a new trial was refused. The rulings stated are complained of in a bill of exceptions filed by Elmore & Womble, and in a separate bill of exceptions filed…
1Opinion of the CourtBeck, J.
These two cases were tried together in the court below, and argued together in this court. The rulings upon the questions raised in the cross-bill of exceptions, by assignments of error upon the court’s refusal to dismiss the motion for a new trial, and our decision upon the controlling question raised by an. assignment of error in the main bill in each case, dispose of both cases, and separate decisions are unnecessary.
1, 2. The court below did not err in refusing to dismiss the motion for a new' trial. The rulings in the first and second head-notes require no discussion. The principle there…
2Cases cited10 opinions
- American Bonding & Trust Co. v. Gibson CountyCourt of Appeals for the Sixth Circuit · 1906
- Michaelis v. WolfIllinois Supreme Court · 1891
- Pierce v. WhitingCalifornia Supreme Court · 1883
- Gilmore v. CourtneyIllinois Supreme Court · 1895
- Deas v. SammonsSupreme Court of Georgia · 1906
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3Cited by14 opinions
- State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
- Durham v. CrawfordSupreme Court of Georgia · 1943
- Southern Manufacturing Co. v. R. L. Moss Manufacturing Co.Court of Appeals of Georgia · 1913
- Mitchell v. MasurySupreme Court of Georgia · 1909
- Chapman v. Griffith-Consumers Co.Court of Appeals for the D.C. Circuit · 1939
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