Legal Opinion

Hamer v. White

Supreme Court of Georgia

Decided January 29, 1900PublishedCited by 18 opinions

Action for damages. Before Judge Calboun. City court of Atlanta. May 20, 1899.

1Opinion of the CourtFish, J.

1. “ A plaintiff who submits to a ruling that his petition is defective without amendment, and amends to meet the objection which would otherwise result in dismissing his case, will not be thereafter heard to say that the amendment was not necessary.” Glover v. Railroad Company, 107 Ga. 34.

2. Inasmuch as a justice’s court has no jurisdiction in actions of trover, a constable who seizes property by virtue of a process issuing from such a court in a bail-trover case is a trespasser, although he may act in good faith and without malice. Blocker v. Boswell, 109 Ga. 230; Holton v. Taylor, 80 Ga.…

2Cases cited2 opinions

  1. Blocker v. BoswellSupreme Court of Georgia · 1899
  2. Glover v. Savannah, Florida & Western Railway Co.Supreme Court of Georgia · 1899

3Cited by18 opinions

  1. Peacock Construction Co. v. ChambersSupreme Court of Georgia · 1967
  2. Tallent v. McKelveyCourt of Appeals of Georgia · 1962
  3. McConnell v. Frank E. Block Co.Court of Appeals of Georgia · 1921
  4. Lavenden v. HasemanSupreme Court of Georgia · 1924
  5. Vandalsem v. CaldwellCourt of Appeals of Georgia · 1924

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