DePauw v. Kaiser & Brother
Supreme Court of Georgia
Practice in Superior Court. New Trial. Interrogatories. Evidence. Contracts. Yerdict. Before Judge Mershon. Glynn Superior Court.
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Practice in Superior Court. New Trial. Interrogatories. Evidence. Contracts. Yerdict. Before Judge Mershon. Glynn Superior Court. December Adjourned Term, 1885. W. O. DePauw brought an action of complaint against A. Kaiser & Brother to recover on an open account for certain glass sold to the defendants, aggregating $1,304.10. The defendants filed several pleas, but the real contention was, whether the loss of certain glass, which was broken in process of transportation, fell upon the plaintiff or the defendants. The former claimed that, upon delivering the glass to the carrier at the factory…
1Opinion of the Court
Bleckley, Chief Justice.
1. When this case was argued, it was suggested by counsel for the defendants in error that a sufficient reason for denying the motion, for a new trial was that it was not made in time. He admitted that at the hearing of the motion for a new trial, no motion was made to dismiss it; but he contended that if the motion for a new trial was too late, this was reason for refusing the new trial, whether a motion, to dismiss was made or not; and he insisted that in this case the motion was not in time. The record shows that an order was taken during the term, granting the…
2Cases cited1 opinion
- Western & Atlantic Railroad v. JohnsonSupreme Court of Georgia · 1877
3Cited by5 opinions
- Sumner v. SumnerSupreme Court of Georgia · 1938
- Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
- Oglesby Grocery Co. v. Williams Manufacturing Co.Supreme Court of Georgia · 1900
- Moore v. AdamsSupreme Court of Georgia · 1922
- Mattison v. Travelers Indemnity Co.Court of Appeals of Georgia · 1983