Savannah Chemical Co. v. Beagg & Son
Court of Appeals of Georgia
Complaint; from city court of Milieu — Judge T. L. Hill. August 18, 1913. The Savannah Chemical Company sued D. Bragg & Son on four promissory notes aggregating $1,958, given by the defendants for the purchase-price of fertilizer to be used on their cotton crop.
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Complaint; from city court of Milieu — Judge T. L. Hill. August 18, 1913. The Savannah Chemical Company sued D. Bragg & Son on four promissory notes aggregating $1,958, given by the defendants for the purchase-price of fertilizer to be used on their cotton crop. The defendants pleaded, by way of recoupment, damages alleged to have grown out of the failure of the plaintiff to furnish to them a part of the fertilizer for which the notes sued on were given, consisting of nitrate of soda. The defendants contended that had they been furnished this nitrate of soda, their cotton crop would have been…
1Opinion of the CourtRoan, J.
(After stating the foregoing facts.)
1. The assignment of error as to the overruling of the plaintiff’s demurrer to the defendants’ plea can not be considered by this court. A judgment overruling a demurrer can not properly be' made a ground of a motion for a new trial; ’and no exceptions • pendente lite were filed. The assignment of error on this subject *373i.n the bill of exceptions was not made within the time required by law. See Mayor &c. of Dublin v. Dudley, 2 Ga. App. 762 (59 S. E. 84); Williams v. State, 2 Ga. App. 629 (58 S. E. 1071) ; Farmers Oil & Guano Co. v. Southern Refining Co., 10…
2Cases cited12 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Dotson v. StateSupreme Court of Georgia · 1911
- Clay v. Western Union Telegraph Co.Supreme Court of Georgia · 1888
- Coweta Falls Manufacturing Co. v. RogersSupreme Court of Georgia · 1856
- Butler v. MooreSupreme Court of Georgia · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ayers v. John B. Daniel Co.Court of Appeals of Georgia · 1926
- Radlo of Georgia, Inc. v. LittleCourt of Appeals of Georgia · 1973
- Codman v. RoberdsCourt of Appeals of Georgia · 1921
- Gunn v. Johnson & Co.Court of Appeals of Georgia · 1923
- Undercofler v. Foote & Davies, Inc.Court of Appeals of Georgia · 1967
3 more not listed; retrieve them via the Exa API.