Dunn v. Fairbanks-Morse Co.
Court of Appeals of Georgia
Certiorari; from Fulton superior' court—Judge Bell. October 18, 1916. In the municipal court, of Atlanta an amendment converting a trover suit for the recovery of certain motors into a suit on an open account for a balance alleged to be due on the purchase-price of the property in question was allowed on the trial, over the objection of the defendant, and judgment was rendered against him for the amount sued for.
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Certiorari; from Fulton superior' court—Judge Bell. October 18, 1916. In the municipal court, of Atlanta an amendment converting a trover suit for the recovery of certain motors into a suit on an open account for a balance alleged to be due on the purchase-price of the property in question was allowed on the trial, over the objection of the defendant, and judgment was rendered against him for the amount sued for. This judgment and the allowance of the amendment were complained of by petition for certiorari. In the answer to the certiorari it was stated that the trial judge construed the act…
1Opinion of the CourtLuke, J.
1. The plaintiff having elected to sue in tort, by action of bail-trover, the action was not amendable by striking the trover suit and setting up a cause of action ex contractu. Croghan v. New York Underwriters’ Agency, 53 Ca. 109 (2) ; Teem v. Town of Ellijay, 89 Ga. 154 (2) (15 S. E. 33); Sharpe v. Columbus Iron Works, 136 Ga. 483 (71 S. E. 787); Hutchens v. Seaboard Air-Line Railway, 144 Ga. 312 (2) (87 S. E. 28).
2. The judge of the superior court erred in overruling the certiorari.
Judgment reversed.
Wade, O. J., and George, J., concur. M. Eerzberg, for plaintiff in error,
cited: Civil Code…
2Cases cited6 opinions
- Lamb v. HowardSupreme Court of Georgia · 1916
- Teem v. Town of EllijaySupreme Court of Georgia · 1892
- Sharpe v. Columbus Iron Works Co.Supreme Court of Georgia · 1911
- Hutchens v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1915
- Feltman v. StateSupreme Court of Georgia · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Houze v. BlackwellCourt of Appeals of Georgia · 1917
- Yeomans v. JonesCourt of Appeals of Georgia · 1936
- Rich's, Inc. v. Kirwan Bros.Court of Appeals of Georgia · 1958
- Royal v. ByrdCourt of Appeals of Georgia · 1935