O'Connor v. Brucker
Supreme Court of Georgia
Action for damages. Before Judge Eve. City court of Richmond county. June 17, 1902.
1Opinion of the CourtLamar, J.
1. When this case was here before (115 Ga. 95), it was held that the defendant showed no sufficient reason for opening the default. The allegations in the petition should, therefore, have been considered as true, and a nonsuit could not have been granted, as a motion therefor is not intended to .test the sufficiency of a petition, but only whether the evidence supports the allegations. Kelly v. Strouse, 116 Ga. 872 (4). On the second trial the defendant again sought to open the default, on the ground that the plaintiff had amended her declaration by alleging that the defendant owned “or was…
2Cases cited4 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Brucker v. O'ConnorSupreme Court of Georgia · 1902
- Fleming v. RobertsSupreme Court of Georgia · 1902
3Cited by44 opinions
- Evans v. MillsSupreme Court of Georgia · 1904
- Irwin v. ArrendaleCourt of Appeals of Georgia · 1967
- Quillian v. JohnsonSupreme Court of Georgia · 1905
- Etheredge v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Southern Bell Telephone & Telegraph Co. v. ParkerSupreme Court of Georgia · 1904
39 more not listed; retrieve them via the Exa API.