Patterson v. Barrow
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Eisb. Sumter superior court. November term, 1894. Barrow brought suit against Parker, Patterson and Hargis, in the county court, for damages from breach of warranty.
Read the full summary
Motion to set aside judgment. Before Judge Eisb. Sumter superior court. November term, 1894. Barrow brought suit against Parker, Patterson and Hargis, in the county court, for damages from breach of warranty. Judgment was rendered for Barrow against Parker for $45. Parker thereupon entered an appeal to the superior court, where the case was tried before a jury, who found a verdict in favor of Barrow against Patterson and Hargis, and found in favor of Parker; and judgment was entered, that plain tiff recover of Patterson and Hargis $45. Patterson and Hargis then moved to set aside this…
1Opinion of the CourtSimmons, C. J.
1. Where, by the judgment of a county court, two of three defendants jointly sued were discharged and the remaining defendant held liable, an appeal to the superior court entered by him alone did not carry up the whole case so as to enable the latter court tó discharge the appellant and render a judgment against the other two defendants to the original action. Sections 3619 and 3620 of the code are not applicable 'to such a case. They would be so if the judgment below had been rendered against all of the defendants. In that event, all would be bound by the final judgment rendered on the…
2Cited by1 opinion
- Murray v. MarshallSupreme Court of Georgia · 1899