Chero-Cola Bottling Co. v. Southern Express Co.
Supreme Court of Georgia
Certiorari; from Court of Appeals. 24 Ga. App. 189. The Chero-Cola Bottling Company brought suit in the city court of Carrollton against the Southern Express Company, for damages. The process was returnable to the March term, 1918, and was duly served upon the defendant.
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Certiorari; from Court of Appeals. 24 Ga. App. 189. The Chero-Cola Bottling Company brought suit in the city court of Carrollton against the Southern Express Company, for damages. The process was returnable to the March term, 1918, and was duly served upon the defendant. At the trial term the plaintiff filed a motion in writing to strike the defendant’s plea, upon the following ground: That at 10 o’clock a. m. on April 27, 1918, the time previously fixed by the court, the appearance docket for the March term, 1918, of the city court of Carrollton was called. When the case of Chero-Cola…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) The-practice in the city court of Carrollton is the same as in the superior courts of this State. Acts 1897, p. 438, §§ 13, 17. Section 5653 of the Civil Code of 1910 (Acts 1895, p. 45) provides that “In all cases the judge at each term shall call the appearance docket upon, some day previously fixed, or on the last day of the term, and upon such call all cases in which the defendant has not filed *432a demurrer, plea, answer, or other defense shall be marked £In default.’ ” Sections 5654 and 5656 of the Civil Code of 1910, codified from the act of 1895,…
2Cases cited8 opinions
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- Davis v. South Carolina & Georgia RailroadSupreme Court of Georgia · 1899
- Glass v. AllenSupreme Court of Georgia · 1913
- Albany Pine Products Co. v. Hercules Manufacturing Co.Supreme Court of Georgia · 1905
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3Cited by9 opinions
- East Side Lumber & Coal Co. v. BarfieldSupreme Court of Georgia · 1942
- Allison v. GarberCourt of Appeals of Georgia · 1935
- Riggs v. KinneyCourt of Appeals of Georgia · 1927
- McFarlan v. MangetSupreme Court of Georgia · 1934
- Fraser v. NeeseSupreme Court of Georgia · 1927
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