Simon v. Myers & Marcus
Supreme Court of Georgia
Practice in Superior Court. Pleadings. Set-off. Continuance. Before Judge POTTLE. Richmond Superior Court. October Term, 1880. To the report contained in the decision it is only necessary to add that the following were among the assignments of error in this case ; (1.) Because the court, when the case was called for trial and plaintiff’s attorney moved to dismiss his case, on objection of defendants’ attorney, refused to permit it to be done because of defendants having…
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Practice in Superior Court. Pleadings. Set-off. Continuance. Before Judge POTTLE. Richmond Superior Court. October Term, 1880. To the report contained in the decision it is only necessary to add that the following were among the assignments of error in this case ; (1.) Because the court, when the case was called for trial and plaintiff’s attorney moved to dismiss his case, on objection of defendants’ attorney, refused to permit it to be done because of defendants having filed, February 10th, 1879, their plea of set-off. Plaintiff’s attorney stated in his place, and the truth of the statement…
1Opinion of the Court
Jackson, Chief Justice.
The plaintiff in error sued the defendants in error for $2,150.00. Defendants pleaded a set-off for $687.86. The jury found against the entire claim of plaintiff and for the entire claim of defendant, and judgment was entered accordingly. A motion was made to arrest this judgment and for a new trial, and error is assigned on the denial of both motions by the court. The grounds on which these motions are based may be reduced from the number contained in them to comparatively few, and thus analyzing and reducing them, we shall consider them as they arise in order of time.
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2Cases cited3 opinions
- National Bank v. Southern Porcelain Manufacturing Co.Supreme Court of Georgia · 1877
- Hayden v. Atlanta Cotton FactorySupreme Court of Georgia · 1878
- J. H. Lovejoy & Co. v. ChisolmSupreme Court of Georgia · 1872
3Cited by9 opinions
- Cunningham & Co. v. CuretonSupreme Court of Georgia · 1895
- Garfield Oil Mills v. StephensCourt of Appeals of Georgia · 1915
- Solomon & Son v. CreechSupreme Court of Georgia · 1889
- Wilkes v. Arkansas Fuel Oil Co.Court of Appeals of Georgia · 1939
- Thornton v. Coleman, Burden & Warthen Co.Supreme Court of Georgia · 1898
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