Farmers Loan & Trust Co. v. Candler
Supreme Court of Georgia
Motion to award money. Before Judge G-ober. Hall superior court. July term, 1892. After the rendition of the decision in 87 Ga. 241, Candler filed a motion to amend his verdict and judgment of foreclosure of lien, so as to embrace the whole instead of a part of the railroad. This motion was granted by a judge pro hac vice, appointed by the clerk to preside in place of the judge of the circuit, who was disqualified.
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Motion to award money. Before Judge G-ober. Hall superior court. July term, 1892. After the rendition of the decision in 87 Ga. 241, Candler filed a motion to amend his verdict and judgment of foreclosure of lien, so as to embrace the whole instead of a part of the railroad. This motion was granted by a judge pro hac vice, appointed by the clerk to preside in place of the judge of the circuit, who was disqualified. Candler also filed a supplemental petition or claim, setting up additional reasons why the fund in court should be awarded to him. To this the Farmers Loan and Trust Company…
1Opinion of the Court
Bleckley, Chief Justice.
1. The verdict in favor of Candler against the railroad company, which declared a lien upon a part of the railroad, was held by this court in The Farmers Loan & Trust Co. v. Candler, 87 Ga. 241, to be void. If this decision was correct, and it must be taken to be so, the verdict was not amendable so as to make it assert a lien upon the whole of the railroad. The jury having expressly restricted the lien to a part of the railroad, the amendment made is absolutely repugnant to the verdict itself. If the verdict was not void but only needed an amendment to make it…
2Cases cited1 opinion
- Farmers' Loan & Trust Co. v. CandlerSupreme Court of Georgia · 1891
3Cited by6 opinions
- King v. RutledgeSupreme Court of Georgia · 1951
- Lynn v. MILLER LUMBER COMPANYCourt of Appeals of Georgia · 1978
- Williams v. JaySupreme Court of Georgia · 1931
- Averitt v. Swainsboro Methodist ChurchSupreme Court of Georgia · 1940
- Insilco Corp. v. CarterCourt of Appeals of Georgia · 1979
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