Dublin & Southwestern Railway Co. v. Akerman & Akerman
Court of Appeals of Georgia
Complaint, from city court of Eastman — Judge Thomas presiding. April 9, 1907. Akerman & Akerman brought suit against the Dublin & Southwestern Railway Company on an account as follows: “To service in the case of Southern Railway Company v. Mayor & Council of Eastman et al. in the Circuit Court of the United States for the Southern District of Georgia, $100.00.” The defendant demurred, (1) because no party plaintiff is named, it not appearing that Akerman & Akerman are…
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Complaint, from city court of Eastman — Judge Thomas presiding. April 9, 1907. Akerman & Akerman brought suit against the Dublin & Southwestern Railway Company on an account as follows: “To service in the case of Southern Railway Company v. Mayor & Council of Eastman et al. in the Circuit Court of the United States for the Southern District of Georgia, $100.00.” The defendant demurred, (1) because no party plaintiff is named, it not appearing that Akerman & Akerman are either a partnership or a corporation; .(2) because it appears from the account that defendant is being sued for services in…
1Opinion of the CourtPowell, J.
(After stating the facts.)
1. The statement in the first headnote is too plain to justify elaboration. Buffington v. State, 124 Ga. 24 (52 S. E. 19); Smith v. Columbia Jewelry Co., 114 Ga. 698 (40 S. E. 735); Western & Atlantic R. Co. v. Dalton Marble Works, 122 Ga. 776 (50 S. E. 978).
2. The statement in the second headnote seems likewise obvious. Very frequently the most valuable service an attorney can perform for his client is to keep him out of a suit.
3. The third headnote is copied bodily from 10 Cyc. 928 (8b). We are inclined to think that the general counsel or head of the le*749.gal…
2Cases cited7 opinions
- Western & Atlantic Railroad v. Dalton Marble WorksSupreme Court of Georgia · 1905
- Humphries v. ParkerSupreme Judicial Court of Maine · 1864
- Mimbs v. StateCourt of Appeals of Georgia · 1907
- Smith & Co. v. Columbia Jewelry Co.Supreme Court of Georgia · 1902
- Buffington v. StateSupreme Court of Georgia · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Holcombe v. StateCourt of Appeals of Georgia · 1908
- McKevitt v. Golden Age Breweries, Inc.Washington Supreme Court · 1942
- Fletcher v. GillespieSupreme Court of Georgia · 1946
- Lansing v. Bever Land Co.Supreme Court of Iowa · 1912
- Patrick v. Wood & SonsSupreme Court of Georgia · 1926
3 more not listed; retrieve them via the Exa API.