Legal Opinion

Charleston & Western Carolina Railroad v. Augusta Stockyard Co.

Supreme Court of Georgia

Decided April 1, 1902PublishedCited by 18 opinions

Complaint. Before Judge Eve. City court of Richmond county. May 9, 1901. The petition of the Charleston and Western Carolina Railway Company alleged: “ (1) That the defendants, Frank G. Mangrem and T. T. Warr, partners doing business as the Augusta Stockyard Company, of said county, are engaged in the live-stock commission business, and in the feeding and care of live stock.

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Complaint. Before Judge Eve. City court of Richmond county. May 9, 1901. The petition of the Charleston and Western Carolina Railway Company alleged: “ (1) That the defendants, Frank G. Mangrem and T. T. Warr, partners doing business as the Augusta Stockyard Company, of said county, are engaged in the live-stock commission business, and in the feeding and care of live stock. (2) That on or about January 30, 1899, the United States of America, through its army officers, shipped from Huntsville to Savannah, via Atlanta and Augusta, three train loads containing 661 head of stock, the same…

1Opinion of the CourtFish, J.

The Charleston and Western Carolina Railway Company brought an action against “Frank G. Mangrem and T. T. Warr, partners doing business as the Augusta Stockyard Company.” The plaintiff’s petition was dismissed on demurrer, and the plaintiff excepted. An examination of the petition, a copy of which appears in the preceding official report, shows that it was lacking in the essential averment that the defendants had no right to present to and collect from the United States Government the bill of charges which the plaintiff’ alleges that it paid to the defendants, upon their representation that…

2Cited by18 opinions

  1. Wright v. DilbeckCourt of Appeals of Georgia · 1970
  2. Brawner v. MaddoxCourt of Appeals of Georgia · 1907
  3. Bivins v. TuckerCourt of Appeals of Georgia · 1930
  4. Aiken v. ArmisteadSupreme Court of Georgia · 1938
  5. Deering Harvester Co. v. ThompsonSupreme Court of Georgia · 1902

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