Howell v. Ware & Harper
Supreme Court of Georgia
Petition for injunction. Before Judge Pendleton. Fulton superior court. April 7, 1909. Howell filed luis equitable petition against Ware & Harper, alleging, in brief, as follows: On September 22, 1908, a suit was filed in the city court of Atlanta, returnable to the November term thereof, by Ware & Harper against the present petitioner.
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Petition for injunction. Before Judge Pendleton. Fulton superior court. April 7, 1909. Howell filed luis equitable petition against Ware & Harper, alleging, in brief, as follows: On September 22, 1908, a suit was filed in the city court of Atlanta, returnable to the November term thereof, by Ware & Harper against the present petitioner. It was based on a claim for $137.50 as commissions due to the plaintiffs in that suit for selling a piece of real estate belonging to Howell. He had a good defense to the suit, namely, that Ware & Harper only had authority to sell the property for $3,500 in…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) The petition was not demurrable on the ground that it set forth no cause of action or ground for relief. Taking its allegations as true, as must be done on the hearing of a demurrer, a judgment by default was rendered against the defendant in the former action, the petitioner in the present case, in a city court, to which suit he had a complete defense, which was not interposed because of the sudden illness of his attorney, entirely incapacitating him for attention to business, and without the knowledge of the defendant in the action, and without fault on his part.…
2Cases cited4 opinions
- Johnson v. DriverSupreme Court of Georgia · 1899
- McCall v. MillerSupreme Court of Georgia · 1904
- Clifton v. LivorSupreme Court of Georgia · 1858
- Cannon v. Harrold, Johnson & Co.Supreme Court of Georgia · 1878
3Cited by9 opinions
- Blanch v. KingSupreme Court of Georgia · 1947
- Sherman v. StephensCourt of Appeals of Georgia · 1923
- Sims v. SimsSupreme Court of Georgia · 1910
- Donalson v. Bank of JakinCourt of Appeals of Georgia · 1925
- Clark v. RamseySupreme Court of Georgia · 1912
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