Tommey & Stewart v. Finney
Supreme Court of Georgia
Abatement. Splitting demands. Appeal. Before Judge Hopkins. Fulton Superior Court. April Term, 1871. For the facts see the opinion. The causes of action were different: R. Code, sections, 3196, 2888, 2843; 16 John’s R., 136. But if the same, they were both pending in Court, and the Court should have consolidated them; R. Code, sections, 194, 2888. When first suit began all was due, and plaintiffs may not split demands so: R. Code, sections, 2888, 480, 481, 4068; 8 Wend.
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Abatement. Splitting demands. Appeal. Before Judge Hopkins. Fulton Superior Court. April Term, 1871. For the facts see the opinion. The causes of action were different: R. Code, sections, 3196, 2888, 2843; 16 John’s R., 136. But if the same, they were both pending in Court, and the Court should have consolidated them; R. Code, sections, 194, 2888. When first suit began all was due, and plaintiffs may not split demands so: R. Code, sections, 2888, 480, 481, 4068; 8 Wend. R., 492; 13th, 644; 2 Conn. R., 431; 4th, 362; 2 Pars, on C., 620. Defendant was entitled to a verdict, as his plea of other…
1Opinion of the Court
Montgomery, Judge.
This case consisted originally of two — one, a suit in a Magistrate’s Court, appealed to the Superior Court; the other, a suit brought in the Superior Court, after the magistrate’s case had been appealed. The two eases were submitted to the Judge, upon the following agreed state of facts, after stating *157the cases: “It is agreed by and between the parties in the two above stated cases, that the goods charged and which make up the amounts in the accounts in the above stated two cases, were all sold and delivered by the plaintiffs to the defendants, for the prices set forth in…
2Cases cited1 opinion
- Guernsey v. CarverNew York Supreme Court · 1832
3Cited by3 opinions
- Minnesota Lumber Co. v. Hobbs & LivingstonSupreme Court of Georgia · 1905
- Harris v. GanoSupreme Court of Georgia · 1903
- In re MoseleyDistrict Court, S.D. Georgia · 1873