Hunnicutt Co. v. Kane
Court of Appeals of Georgia
Certiorari; from Fulton superior court — Judge Bell. October 4, 1917. The original assignment of error in the bill of exceptions was, that the certiorari “was sustained and judgment rendered against the defendant J. E. Hunnicutt Có.; to which judgment defendant excepted and now excepts and says-the court erred in not dismissing said certiorari.”
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Certiorari; from Fulton superior court — Judge Bell. October 4, 1917. The original assignment of error in the bill of exceptions was, that the certiorari “was sustained and judgment rendered against the defendant J. E. Hunnicutt Có.; to which judgment defendant excepted and now excepts and says-the court erred in not dismissing said certiorari.” The motion to dismiss the writ of error was on the grounds: “(1) The record does not disclose that any motion to dismiss the certiorari was made in the court below, whereas in the bill of exceptions, .the only error complained of is the failure of the…
1Opinion of the CourtBroyles, P. J.
1. The amendment to the hill of exceptions is allowed,' and the motion to dismiss the writ of error is denied.
2. Where the defense to a suit is based solely upon a partial failure of consideration, before a verdict can legally be rendered giving the defendant the benefit of such partial failure it is. incumbent upon the defendant to show the extent to which the consideration failed. The jury must have sufficient data, presented by the evidence, upon which to base a verdict in such a case. Grier v. Enterprise Stone Co., 126 Ga. 17 (54 S. E. 806); Spence Drug Co. v. American Soda Fountain Co.,…
2Cases cited1 opinion
- Spence Drug Co. v. American Soda Fountain Co.Court of Appeals of Georgia · 1912
3Cited by7 opinions
- Hall v. SOUTHERN SALES COMPANYCourt of Appeals of Georgia · 1950
- Toole v. Brownlow & Sons Co.Court of Appeals of Georgia · 1979
- John Deere Co. v. Lindsey Land Clearing Co.Court of Appeals of Georgia · 1970
- Flood v. Empire Investment Co.Court of Appeals of Georgia · 1926
- Moore v. SmithCourt of Appeals of Georgia · 1924
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