Legal Opinion

Governor ex rel. House v. Justices of the Inferior Court

Supreme Court of Georgia

Decided June 15, 1856No. 61PublishedCited by 2 opinions

Mandamus, in Talbot Superior Court. - Tried before Judge Powers, March Term, 1856. Abner M. House states in his petition for mandamus, that he had contracted with the defendants in error to build a bridge over Lazer Creek, in Talbot County, as a public way, and that they were to pay him $ 100 in advance, and the value of the work less that sum when finished.

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Mandamus, in Talbot Superior Court. - Tried before Judge Powers, March Term, 1856. Abner M. House states in his petition for mandamus, that he had contracted with the defendants in error to build a bridge over Lazer Creek, in Talbot County, as a public way, and that they were to pay him $ 100 in advance, and the value of the work less that sum when finished. He further alleges, that the bridge was built * according to the terms of the contract, and that the value of the work was demanded', and that said Justices refused to draw their order on the-County Treasurer therefor, as they had agreed…

1Opinion of the Court

By the Court.

Benning, J.

delivering the opinion.

House, in his petition, says that the Justices of the Inferior Court were to pay him $ 100 in advance, and the value of the work less that sum. If that is so, what he had the right to prove, was the value of the worh.

[1.] Proving the kind and value of the hands he employed, the mode and manner of their work, or what their services were worth by the day, would not have been proving the value of the work. The work might have been wholly worthless, let the facts as to these particulars stand as they might.

We think, therefore, that the Court below…

2Cited by2 opinions

  1. Webb v. HarrisSupreme Court of Georgia · 1906
  2. Mobile Fire Department Insurance v. Coleman & CollatSupreme Court of Georgia · 1877

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