Brewer v. Jones
Supreme Court of Georgia
Mistake. Tried before Judge Clark. Sumter county. Chambers. September, 1871. This was a bill for injunction under this statement of alleged facts: Jones sued Brewer for Amos’ board, for which Brewer was not liable, for reasons specified. Brewer employed an attorney to defend the suit, and told the Justice of the Peace, before whom the suit was pending, who his attorney was, and asked him to mark his name upon the docket. This was the usual way of pleading in said Court.
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Mistake. Tried before Judge Clark. Sumter county. Chambers. September, 1871. This was a bill for injunction under this statement of alleged facts: Jones sued Brewer for Amos’ board, for which Brewer was not liable, for reasons specified. Brewer employed an attorney to defend the suit, and told the Justice of the Peace, before whom the suit was pending, who his attorney was, and asked him to mark his name upon the docket. This was the usual way of pleading in said Court. Brewer’s attorney was going away, and sent to the Justice for leave of absence, which he granted. By mistake, however, the…
1Opinion of the Court
Lochrane, Chief Justice.
It appears from the facts in this case that the magistrate failed to mark counsel’s name to a case pending before him, and owing to the mistake a judgment was entered up. The defendant being ignorant of what transpired, permitted the time for entering an appeal to elapse, and this bill was filed to restrain the levy under the judgment. The Court below refused the injunction, and that is the ground of error assigned.1 By this bill the facts going to show the mistake made by the magistrate are detailed, and also the merits of the case presented, by which the complainant…
2Cited by10 opinions
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- Dollar v. Fred W. Amend Co.Supreme Court of Georgia · 1937
- Fitzgerald Granitoid Co. v. Alpha Portland Cement Co.Court of Appeals of Georgia · 1914
- Whipple v. County of HoustonSupreme Court of Georgia · 1958
- Southern Railway Co. v. DanielsSupreme Court of Georgia · 1897
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