Bartee v. Andrews
Supreme Court of Georgia
Assumpsit, &c. in Stewart Superior Court. Tried before Judge Worrell, April Term, 1855. Joseph Andrews brought suit against Thomas P. Bartee for his wages as overseer. The contract proven was, that Andrews was to have one-fifth of the crop made. Bartee discharged Andrews during the year, gathered the crop himself, and failed or refused to pay him his share.
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Assumpsit, &c. in Stewart Superior Court. Tried before Judge Worrell, April Term, 1855. Joseph Andrews brought suit against Thomas P. Bartee for his wages as overseer. The contract proven was, that Andrews was to have one-fifth of the crop made. Bartee discharged Andrews during the year, gathered the crop himself, and failed or refused to pay him his share. At April Term, plaintiff’s Counsel moved to strike out the defendant’s pleas, on the ground that defendant had been subpoenaed as a witness, (under the Act of 1853-’4,) and failed to appear. It appeared that the plaintiff had exhausted his…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The first question in this case, is raised upon the Act of 1853-’4, amending the Act of 1847, passed for the purpose of compelling discoveries at Common Law. That Act provides that “ any party plaintiff or defendant, in any action at Common Law, pending in any Superior, Inferior or Justice’s Courts of this State, wishing a discovery from, or the evidence of, the adverse party on the trial of such action, may apply to the Clerk of said Superior or Inferior Courts, or to the Justice of the Peace, in whose Courts said action may be pending ; in…
2Cited by15 opinions
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- Lively v. MundaySupreme Court of Georgia · 1946
- B. G. Sanders & Associates, Inc. v. CastellowCourt of Appeals of Georgia · 1980
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