Scott & Co. v. McDonald
Supreme Court of Georgia
Certiorari. Jury and jurors. Practice. Pleadings. Consideration. Fertilizers. Before Judge Boynton. Bockdale superior court. August adjourned term, 1888. George W. Scott & Co. sued McDonald in a magistrate’s court, on an account dated November, 1884, for ten sacks of gossypium guano, $36, with interest. Defendant pleaded non-assumpsit, and also that the consideration of the account had failed, because the guano was entirely worthless and of no benefit whatever.
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Certiorari. Jury and jurors. Practice. Pleadings. Consideration. Fertilizers. Before Judge Boynton. Bockdale superior court. August adjourned term, 1888. George W. Scott & Co. sued McDonald in a magistrate’s court, on an account dated November, 1884, for ten sacks of gossypium guano, $36, with interest. Defendant pleaded non-assumpsit, and also that the consideration of the account had failed, because the guano was entirely worthless and of no benefit whatever. The cause was tried before a jury on an appeal. M. D. Irwin, G. A. Lucas, J. I. Bosser and six other persons were drawn on the jury.…
1Opinion of the Court
Simmons, Justice.
1. The facts of this case will be found in the official report. ' The court below was correct in holding that a juror who had been empanelled and sworn to try the case, and who was unable to agree with his fellow jurors, a mistrial resulting therefrom, was an incompetent juror to try the case when it was again called for trial in the same court. Mayor, etc. v. Goetchius, 7 Ga. 139; Hawkins v. Andrews, 39 Ga. 118.
2. We think the court was right in holding generally that a plea of total failure of consideration could he filed in a case like this, but we think he erred in…
2Cases cited3 opinions
- Mayor of Columbus v. GoetchiusSupreme Court of Georgia · 1849
- Hamlin v. Rogers, Worsham & Co.Supreme Court of Georgia · 1887
- Hawkins v. AndrewsSupreme Court of Georgia · 1869
3Cited by7 opinions
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Jones v. Cordele Guano Co.Supreme Court of Georgia · 1894
- American Agricultural Chemical Co. v. McKinneyCourt of Appeals of Kentucky · 1917
- Prescott v. Seacoast Fertilizer Co.Court of Appeals of Georgia · 1923
- Spinks v. WashingtonSupreme Court of Georgia · 1895
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