Smith v. Summerlin
Supreme Court of Georgia
New trial. Practice- in the Supreme Court. Partnership. Before Judge Buchannon. Coweta Superior Court. September Term, 1872. *Moses Summerlin commenced proceedings on a laborer’s lien against William A. Smith for the sum of $500 00. The defendant filed an affidavit of illegality, upon the following grounds, to-wit: “That plaintiff in ñ. fa. failed to perform his contract upon which said fi. fa. was founded; that this deponent, upon a fair settlement with plaintiff, does not…
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New trial. Practice- in the Supreme Court. Partnership. Before Judge Buchannon. Coweta Superior Court. September Term, 1872. *Moses Summerlin commenced proceedings on a laborer’s lien against William A. Smith for the sum of $500 00. The defendant filed an affidavit of illegality, upon the following grounds, to-wit: “That plaintiff in ñ. fa. failed to perform his contract upon which said fi. fa. was founded; that this deponent, upon a fair settlement with plaintiff, does not owe him anything.” The following evidence was introduced upon the trial: The plaintiff testified as follows: Worked for…
1Opinion of the Court
Trippe, Judge.
1. It has been frequently decided by this Court that the *320grounds recited in a motion for a new trial must be verified either in the motion itself, or in the bill of exceptions, or elsewhere in the record, or certificate of the Judge, as being true, especially if the decision of the Court on the motion is a general judgment, simply overruling or refusing the same. The reason of this rule is made more obvious where the issues that are presented in such grounds are not authorized by the pleadings.
2. We think that the decision in Holloway vs. Brinkley, 42 Georgia, 226, governs this…
2Cited by3 opinions
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
- Soell v. StateCourt of Appeals of Georgia · 1908
- Cherry v. StrongSupreme Court of Georgia · 1895