Ford v. Fargason
Supreme Court of Georgia
.Action for damages. Before Judge Roberts. Terrell superior court. November 23, 1903. The petition of L. C. Ford alleged that D. S. Fargason, trustee, of said county, had injured and damaged him in the following manner.
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.Action for damages. Before Judge Roberts. Terrell superior court. November 23, 1903. The petition of L. C. Ford alleged that D. S. Fargason, trustee, of said county, had injured and damaged him in the following manner. On January 11, 1902, the defendant by written contract (set out) leased to petitioner a four-horse farm for a period of five years, beginning January 11, 1902. Petitioner went forward in good faith to carry out his part of said lease obligations, cultivated the farm, and paid the rent, according to contract, during the year 1902. On January 9, 1903, J. H. Slade, deputy…
1Opinion of the CourtSimmons, C. J.
1. Special demurrers to 'petitions or to answers should be filed before the trial term, and when not so filed can not be considered. City Council of Augusta v. Lombard, 101 Ga. 724; Ward v. Frick Co., 95 Ga. 804; Green v. Hambrick, 118 Ga. 569. The court therefore erred in sustaining special demurrers to the petition, filed at the trial term of the case ; but did not err in overruling the special demurrer to the answer of the defendant, filed'by the plaintiff at the trial term.
2. In a suit for breach of contract the court has no jurisdiction to award punitive damages, although such damages…
2Cases cited4 opinions
- City Council v. LombardSupreme Court of Georgia · 1897
- Ward v. Frick Co.Supreme Court of Georgia · 1895
- Francis v. WoodSupreme Court of Georgia · 1886
- Green v. HambrickSupreme Court of Georgia · 1903
3Cited by30 opinions
- Hobbs v. SmithSupreme Court of Oklahoma · 1911
- City Council v. LamarCourt of Appeals of Georgia · 1927
- Complete Auto Transit, Inc. v. FloydSupreme Court of Georgia · 1958
- Turpin v. North American Acceptance Corp.Court of Appeals of Georgia · 1969
- Oxford v. ShumanCourt of Appeals of Georgia · 1962
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