Askew v. Singletary
Court of Appeals of Georgia
Assumpsit; from city court of Blakely — Judge Bambo. February 19, 1912. Askew brought suit against A. J. Singletary and B. C. Singletary, as executors de son tort of the estate of L. W. Singletary, to recover $500. The original petition alleged, that on or about August 8, 1908, L. W. Singletary took and converted to his own use, of the property of the plaintiff, 1,500 first class pine cross-ties, to which he had no right or title, which lay upon and along the right of way of…
Read the full summary
Assumpsit; from city court of Blakely — Judge Bambo. February 19, 1912. Askew brought suit against A. J. Singletary and B. C. Singletary, as executors de son tort of the estate of L. W. Singletary, to recover $500. The original petition alleged, that on or about August 8, 1908, L. W. Singletary took and converted to his own use, of the property of the plaintiff, 1,500 first class pine cross-ties, to which he had no right or title, which lay upon and along the right of way of the “A. & N. Bail way Company,” at or near Philema, in Lee county, Georgia, and which were, at and since that time, of…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts).
1. The motion to dismiss the writ of error is denied. The amendment to the petition was filed under the order of the judge, though he subsequently struck it for legal insufficiency. In such case the amendment may be specified as a part of the record. McCall v. Herring, 116 Ga. 235 (42 S. E. 468); McGarry v. Seiz, 129 Ga. 298 (58 S. E. 856). Counsel for movant relies upon the case of Schaeffer v. Central Ry. Co., 6 Ga. App. 282 (64 S. E. 1107), followed in Ledbetter v. Savannah Brewing Co., 8 Ga. App. 282 (68 S. E. 950). A casual reading of these two…
2Cases cited5 opinions
- McCall v. HerringSupreme Court of Georgia · 1902
- McGarry v. SeizSupreme Court of Georgia · 1907
- Schaeffer v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1909
- Atlantic & Birmingham Railroad v. Southern Pine Co.Supreme Court of Georgia · 1902
- Ledbetter v. Savannah Brewing Co.Court of Appeals of Georgia · 1910