Turk v. Cook
Supreme Court of Georgia
Assignment. Contract. Certiorari. Practice in the Superior Court. Before Judge Lawson. Jasper Superior Court. April Term, 1879. To the report contáined in the decision it is only necessary to add, that one ground of exception was, that when the case was called at the second term of the superior court after the certiorari was sued out, defendant’s counsel called attention to the fact that it had not been answered, and the court stated that the case would be continued, unless…
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Assignment. Contract. Certiorari. Practice in the Superior Court. Before Judge Lawson. Jasper Superior Court. April Term, 1879. To the report contáined in the decision it is only necessary to add, that one ground of exception was, that when the case was called at the second term of the superior court after the certiorari was sued out, defendant’s counsel called attention to the fact that it had not been answered, and the court stated that the case would be continued, unless counsel would waive an answer. He waived it, and the case proceeded.
1Opinion of the Court
Warner, Chief Justice.
This case came before the court below on a certiorari to the county court of Jasper county. It appears from the record that Turk sued Cook on an account for 11-J bushels of wheat, of the value of $23.00; .and it also appears that the wheat was claimed as toll for threshing the defendant’s crop of wheat, by a company composed of Leverett, Aiken, Lancaster, and Turk, the plaintiff, who were partners in the wheat-threshing business. One witness testified that on division, this claim on- theidefendant was assigned to Turk, the plaintiff. The county court gave judgment for…
2Cited by28 opinions
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