Harris v. Daly
Supreme Court of Georgia
Certiorari. Before Judge Fite. Catoosa superior court. August 6, 1904. Mrs. Harris sued Mrs. Daly iu a justice’s court on a note for fifteen dollars, representing the balance due on the purchase of a Jersey cow which had. been sold for thirty dollars, with a cash payment of fifteen dollars. _ The defendant filed a plea which was equivalent to one of rescission, on the ground that the quality, condition, and value of the cow had been misrepresented.
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Certiorari. Before Judge Fite. Catoosa superior court. August 6, 1904. Mrs. Harris sued Mrs. Daly iu a justice’s court on a note for fifteen dollars, representing the balance due on the purchase of a Jersey cow which had. been sold for thirty dollars, with a cash payment of fifteen dollars. _ The defendant filed a plea which was equivalent to one of rescission, on the ground that the quality, condition, and value of the cow had been misrepresented. There was conflicting evidence as to what representations had been made, and as to what was the condition and value of the cow when received, and…
1Opinion of the CourtLamar, J.
(After stating the facts.) In the argument here it was contended that on the authority of Colbert v. State, 118 Ga. 302, the certiorari was properly overruled. It was insisted that the answer of the justice did not verify the petition, nor was there otherwise any statement of what occurred on the trial. The defendant made no motion to dismiss because the answer was insuf*513ficient, though he did traverse the return in so far as it related to the testimony of the witness Orr. On this traverse the justice filed a supplemental answer setting out more in detail the testimony of this witness. The…
2Cases cited1 opinion
- Colbert v. StateSupreme Court of Georgia · 1903
3Cited by2 opinions
- Williams Manufacturing Co. v. Warner Sugar Refining Co.Supreme Court of Georgia · 1906
- Peeples v. TygartCourt of Appeals of Georgia · 1909