Legal Opinion

Simms v. Floyd

Supreme Court of Georgia

Decided September 15, 1880PublishedCited by 12 opinions

Practice in the Superior Court. Attorney and client. Contracts. Practice in the Supreme Court. Before Judge Speer. Newton Superior Court.

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Practice in the Superior Court. Attorney and client. Contracts. Practice in the Supreme Court. Before Judge Speer. Newton Superior Court. March Term, 1880. Floyd brought an action of complaint in Newton supeperior court against Simms, executor of John Harris et al., upon an account for “ professional services rendered in defence of, and resistance to, an execution issued by the comptroller-general of the state of Georgia vs. Isaac P. Harris, as treasurer of the Western & Atlantic railroad, and his securities (of whom John Harris was one), for the sum of $28,933.24, with interest on that sum,…

1Opinion of the Court

Crawford, Justice.

Floyd, the defendant in error, recovered a judgment against Simms, executor of John Harris, for $2,150.00 for professional services rendered the deceased, with which the said executor was dissatisfied, and moved for a new trial-because of the alleged errors committed on the said trial. Although there are several complained of, we consider and rule only upon those which control the case. These are—

(1.) That the judge erred in refusing to charge, as requested by defendant’s counsel—that if I. P. Harris first employed the plaintiff, and afterwards John Harris employed him, then…

2Cases cited1 opinion

  1. Central Railroad & Banking Co. v. SearsSupreme Court of Georgia · 1877

3Cited by12 opinions

  1. Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
  2. Venable v. BlockCourt of Appeals of Georgia · 1976
  3. Jackson v. RodriquezCourt of Appeals of Georgia · 1984
  4. Griner v. FoskeyCourt of Appeals of Georgia · 1981
  5. Patterson v. StateSupreme Court of Georgia · 1950

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