Anderson v. Pollard & Co.
Supreme Court of Georgia
Parties. Pleadings. Partnership. Amendment. Principal and agent. Presumptions. Evidence. Before Judge Hall. Newton Superior Court. September Term, 1876. On August 31, 1875, Pollard & Co. brought complaint against Anderson as executor of Baker, deceased, and Mayfield, under the name and style of Mayfield & Baker, for $2,816.07, besides interest, on an account.
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Parties. Pleadings. Partnership. Amendment. Principal and agent. Presumptions. Evidence. Before Judge Hall. Newton Superior Court. September Term, 1876. On August 31, 1875, Pollard & Co. brought complaint against Anderson as executor of Baker, deceased, and Mayfield, under the name and style of Mayfield & Baker, for $2,816.07, besides interest, on an account. Attached to the declaration was a long bill of particulars, the first debit of which was dated January 22, 1872, and the last November 29, 1873, except numerous charges of interest which continued to January 6, 1875. The credits…
1Opinion of the Court
Bleckley, Justice.
1. The want of necessary averments in a declaration is not cause for a non-suit; for a non- suit, under our practice, takes place for failure to support the declaration by evidence. We demur to the evidence as insufficient, and move to non-suit the plaintiff. When a declaration is defective, we demur to it, or move, ore terms, to dismiss it. And this distinction in practice is matter of substance; for there is a great economy of time and expense in not waiting for the evidence *51to come in in order to try the sufficiency of the declaration. The object of introducing evidence…
2Cases cited2 opinions
- Ross v. Executors of EverettSupreme Court of Georgia · 1852
- Ayers v. DalySupreme Court of Georgia · 1876
3Cited by11 opinions
- Page v. Citizens Banking Co.Supreme Court of Georgia · 1900
- Reeves v. JacksonSupreme Court of Georgia · 1901
- Drucker & Brother v. Wellhouse & SonsSupreme Court of Georgia · 1888
- Flewellen v. FlewellenSupreme Court of Georgia · 1901
- Jones v. GranthamSupreme Court of Georgia · 1888
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