Beall v. Marietta Paper Mill Co.
Supreme Court of Georgia
New trial. Absence of counsel. Before Judge Parrott. Cobb Superior Court. October Term, 1871. At October Term, 1869, of said Court a rule nisi was granted in favor of Beall for foreclosure of his mortgage against the Marietta Paper Mill Company, a corporation.
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New trial. Absence of counsel. Before Judge Parrott. Cobb Superior Court. October Term, 1871. At October Term, 1869, of said Court a rule nisi was granted in favor of Beall for foreclosure of his mortgage against the Marietta Paper Mill Company, a corporation. Defendant, by its agent, Hammett, pleaded that it was entitled to a deduction on said mortgage, “ amounting to $1,000 or more, in specie, but the exact amount of which he does not know, because it is based upon facts exclusively within the control of plaintiff;” for that on the ......... day of ........., 186.., John T. Burkhalter, the…
1Opinion of the Court
McCay, Judge.
"We recognize fully the rule that the act of the Court ought not to injure any one. And did it appear to us that the defendant had been damaged by the refusal of the Court to recognize the leave of absence of Mr. Phillips, however unjust such a leave might have been to the plaintiff, we should affirm this judgment, setting aside the rule absolute. But it is not clear to us that Judge Knight was not in the right in refusing to delay the case for the absence of Mr. Phillips.
When the case was called, the day before, the plea was stricken out, because the sum claimed to be abated…
2Cited by10 opinions
- Los Angeles v. Los Angeles City Water Co.Supreme Court of the United States · 1900
- Phillips v. TaberSupreme Court of Georgia · 1889
- Los Angeles City Water Co. v. City of Los AngelesU.S. Circuit Court for the District of Southern California · 1898
- Bryant v. Elberton & Eastern Railway Co.Court of Appeals of Georgia · 1917
- Carolina Tree Service, Inc. v. CartledgeCourt of Appeals of Georgia · 1957
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