Erie City Iron Works v. Angier
Supreme Court of Georgia
Practice in the Supreme Court. February term, 1881. The Erie City Iron Works brought trover against N. L. Angier. Upon his own motion H. H. Witt was made a party defendant. Plaintiff recovered as to Witt, but failed as to Angier, and moved for a new trial, making both defendants parties to the motion. The clerk, in certifying the bill of exceptions and the record, gave the name of the case as the Erie City Iron Works vs. Angier, omitting the name of Witt.
Read the full summary
Practice in the Supreme Court. February term, 1881. The Erie City Iron Works brought trover against N. L. Angier. Upon his own motion H. H. Witt was made a party defendant. Plaintiff recovered as to Witt, but failed as to Angier, and moved for a new trial, making both defendants parties to the motion. The clerk, in certifying the bill of exceptions and the record, gave the name of the case as the Erie City Iron Works vs. Angier, omitting the name of Witt. In the supreme court, counsel for plaintiff in error, moved to withdraw the record in order to have this certificate changed, so as to…
1Opinion of the Court
JACKSON, Chief Justice.
This is an application to withdraw the bill of exceptions and transcript of the record, in order that the clerk might ■certify each as appertaining to a different case from that which the certificate now on each states. The certificate is that the cause is between Angier alone and the plaintiff in error, and it is sought to have another attached by the •clerk of the superior court, that the cause is between .Angier and Witt and the plaintiff in error.
1. We know of no law which empowers this court to have the original papers of file in it to be' taken out for the purpose…
2Cases cited1 opinion
- Middlebrooks v. Wilcox, Gibbs & Co.Supreme Court of Georgia · 1877
3Cited by4 opinions
- Brantley v. Meyer, Reinhard & Co.Supreme Court of Georgia · 1900
- Georgia Railroad v. MitchellSupreme Court of Georgia · 1886
- Georgia Railroad v. MitchellSupreme Court of Georgia · 1886
- Georgia Railroad v. MitchellSupreme Court of Georgia · 1886