Hilliard v. Doe ex dem. Connelly
Supreme Court of Georgia
Ejectment, in Stewart Superior Court. Tried before Judge Alexander, April Term, 1849. This was an action of ejectment, filed in the usual form, wherein John Doe, on the demise of Richard Connelly, was plaintiff, and William Hilliard was defendant. Upon the trial, counsel for defendant demurred on the ground that it did not contain the party’s “ charge, allegation or demand, plainly, fully and distinctly set forth.” The Court overruled the demurrer, and defendant excepted.
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Ejectment, in Stewart Superior Court. Tried before Judge Alexander, April Term, 1849. This was an action of ejectment, filed in the usual form, wherein John Doe, on the demise of Richard Connelly, was plaintiff, and William Hilliard was defendant. Upon the trial, counsel for defendant demurred on the ground that it did not contain the party’s “ charge, allegation or demand, plainly, fully and distinctly set forth.” The Court overruled the demurrer, and defendant excepted. Plaintiffs counsel offered in evidence an alias grant issued by His Excellency, George W. Towns, Governor, &c. to the…
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
[1.] The consent rule, in our practice, is considered as filed, whether it is in fact filed or not. By this rule the defendant confesses, at the trial, the lease, entry and ouster. The issue is on the title, and the plaintiff is not compelled to prove lease, entry and ouster. , Cumming and others vs. Butler, 6 Ga. Reps. 88.
[2.] We see no good reason for abandoning the fictitious form of pleading in ejectment. However absurd it may seem to be, and however unnecessary in fact, yet both the Legislature and the Courts have acquiesced in it since the…
2Cases cited4 opinions
- The Town of Pawlet v. D. CLARK & OTHERSSupreme Court of the United States · 1815
- Doe Ex Dem. Patterson v. WinnSupreme Court of the United States · 1826
- Polk's Lessee v. WendellSupreme Court of the United States · 1820
- Mayor of Columbus v. HowardSupreme Court of Georgia · 1849
3Cited by12 opinions
- Calhoun v. CawleySupreme Court of Georgia · 1898
- Dugas v. HammondSupreme Court of Georgia · 1908
- Stenberg v. StateNebraska Supreme Court · 1896
- Breen v. BarfieldCourt of Appeals of Georgia · 1949
- Brewster v. WooldridgeSupreme Court of Georgia · 1897
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