Legal Opinion

Cowart v. Powell

Court of Appeals of Georgia

Decided October 26, 1908No. 1203PublishedCited by 1 opinion

Distraint, from city court of Miller county — Judge Bush. April. 17, 1908.

1Opinion of the CourtPowell, J.

1. A party who submits to a ruling as to the sufficiency of the pleadings, for any purpose, by voluntarily filing an amendment to. meet the views of the court, waives his right to make exceptions on the ground that the amendment was unnecessary. Atlantic Coast Line R. Co. v. Hart Lumber Co., 2 Ga. App. 88 (58 S. E. 316), and cit.

2. The case, as finally narrowed by the pleadings and the evidence, involved only one question: “Did the defendant contract to rent the-land from the plaintiff?” The trial judge fairly submitted this question to the jury, and has approved their finding; this court is…

2Cases cited1 opinion

  1. Atlantic Coast Line Railroad v. Hart Lumber Co.Court of Appeals of Georgia · 1907

3Cited by1 opinion

  1. Scott v. WellsCourt of Appeals of Georgia · 1919

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