Legal Opinion

Sheftall v. Zipperer

Supreme Court of Georgia

Decided November 19, 1909PublishedCited by 12 opinions

Action, for damages. Before Judge Charlton. Chatham superior court. November 14, 1908. Israel T. Zipperer filed suit for general and punitive damages against Solomon Sheftall and Julius Stark, setting forth, in paragraphs 2, 3, and 6 of his petition as amended, the following allegations : “2nd.

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Action, for damages. Before Judge Charlton. Chatham superior court. November 14, 1908. Israel T. Zipperer filed suit for general and punitive damages against Solomon Sheftall and Julius Stark, setting forth, in paragraphs 2, 3, and 6 of his petition as amended, the following allegations : “2nd. That on said November 27th, 1906, while your petitioner was absent from his borne, and while the same was occupied by his wife and his four children, one Solomon Sheftall, a wholesale merchant of Savannah, Chatham County, Georgia, accompanied by one Julius Stark, a member of the police force of the…

1Opinion of the CourtBeck, J.

(After stating the facts.)

1. The court did not err in allowing the amendment to the *491plaintiffs petition which set forth certain aggravating circumstances in the conduct of defendants, after having alleged an unlawful entry into the dwelling-house of the petitioner, as a basis for the recovery of punitive damages. While the sayings of the defendant after the entry were abandoned as a basis for an action of slander, it was competent for the plaintiff to so distinctly .allege in his amendment, and to insist upon the acts and sayings of the defendant, after the entry, as constituting an element…

2Cases cited2 opinions

  1. Bennett v. McIntireIndiana Supreme Court · 1889
  2. Roach v. TrottieSupreme Court of Georgia · 1873

3Cited by12 opinions

  1. Piedmont Hotel Co. v. HendersonCourt of Appeals of Georgia · 1911
  2. Walker v. Grand International Brotherhood of Locomotive EngineersSupreme Court of Georgia · 1938
  3. People v. WeaverMichigan Supreme Court · 1928
  4. Ford Motor Company v. WilliamsCourt of Appeals of Georgia · 1963
  5. Jeter v. DavisCourt of Appeals of Georgia · 1925

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