Legal Opinion

Pratt v. Gibson

Supreme Court of Georgia

Decided July 15, 1895PublishedCited by 11 opinions

Complaint. Before Judge Boss. City court of Macon. September term, 1894. The suit was for a balance of $176.78 alleged to be due on a promissory note attached to the declaration. The note recited that it was given for future advances-of merchandise to he made by plaintiff to defendant; and upon it were credits of “amount not taken, $113.14; sale of property, $110.08.” Defendant demurred for want of a bill of particulars of the merchandise furnished.

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Complaint. Before Judge Boss. City court of Macon. September term, 1894. The suit was for a balance of $176.78 alleged to be due on a promissory note attached to the declaration. The note recited that it was given for future advances-of merchandise to he made by plaintiff to defendant; and upon it were credits of “amount not taken, $113.14; sale of property, $110.08.” Defendant demurred for want of a bill of particulars of the merchandise furnished. At the April term, 1894, the court ordered that the demurrer be sustained and the declaration dismissed,, unless plaintiff should file a bill of…

1Opinion of the CourtSimmons, C. J.

A judgment sustaining a demurrer to the declaration and dismissing the cause unless the plaintiff by the first day of the next term shall file and serve a certain amendment, operates as a final judgment of dismissal, with the right on the part of the plaintiff, by complying with the condition imposed, to .bring about a reinstatement of his case. In such a case, after the time had elapsed .within which, under the order, the plaintiff could by his own act bring about a reinstatement, the condition not having been complied with, the court lost jurisdiction of the case, and had no authority to…

2Cited by11 opinions

  1. Smith v. BuggCourt of Appeals of Georgia · 1926
  2. Peacock Construction Co. v. ChambersSupreme Court of Georgia · 1967
  3. Chambers v. Peacock Construction Co.Court of Appeals of Georgia · 1967
  4. Hayes v. SimpsonCourt of Appeals of Georgia · 1950
  5. Blyth v. WhiteSupreme Court of Georgia · 1934

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