Everett v. Southern Express Co.
Supreme Court of Georgia
Tax-affidavit. Cross-bill of exceptions. Liability of Express Company. Fraud. Before Judge Cole. Bibb Superior Court. October Term, 1871. James A. Everett brought complaint against the Southern Express Company for $600, alleged to be the value of a diamond cluster pin delivered to said company at Fort Valley, Georgia, on June 12th, 1863, for transportation to Macon, Georgia, -which pin was never delivered at its point of destination.
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Tax-affidavit. Cross-bill of exceptions. Liability of Express Company. Fraud. Before Judge Cole. Bibb Superior Court. October Term, 1871. James A. Everett brought complaint against the Southern Express Company for $600, alleged to be the value of a diamond cluster pin delivered to said company at Fort Valley, Georgia, on June 12th, 1863, for transportation to Macon, Georgia, -which pin was never delivered at its point of destination. The record fails to disclose any plea as filed by the defendant. It appeared from the evidence that a package said to contain a diamond pin worth $500, addressed…
1Opinion of the Court
McCay, Judge.
Had the defendant moved to dismiss this case for want of the affidavit required by the Act of October 13th, 1870, the Court would doubtless have heard him favorably. But he has neglected to do this, and both the parties have treated the case as not coming within the Act. Shall the defendant, after taking all the chances of a verdict in his favor on the other issues, be permitted now to come in and have a new trial, because the plaintiff failed on the trial to prove the taxes paid ? It is not to be expected that the Court shall, although he may interfere and take the defendant’s…
2Cited by5 opinions
- Southern Express Co. v. PopeCourt of Appeals of Georgia · 1909
- Bottum v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1905
- High Co. v. Adams Express Co.Court of Appeals of Georgia · 1909
- Southern Express Co. v. WoodSupreme Court of Georgia · 1896
- G. C. G. Jewelry Manufacturing Corp. v. Atlanta Baggage & Cab Co.Court of Appeals of Georgia · 1964