Harwell v. Marshall
Supreme Court of Georgia
Certiorari. Before Judge Mitchell. Berrien superior court. June 22, 1906. Suit was instituted in the county court of Berrien county for the recovery of a certain mare of the alleged value of $85, to which the plaintiifs claimed title. Judgment was rendered for the defendant. The plaintiifs filed their petition for certiorari, and the certiorari bond was signed, “Harwell & Lewis, by S. J. Harwell.” The suit was by “S. J. Harwell and J. B. Lewis.”
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Certiorari. Before Judge Mitchell. Berrien superior court. June 22, 1906. Suit was instituted in the county court of Berrien county for the recovery of a certain mare of the alleged value of $85, to which the plaintiifs claimed title. Judgment was rendered for the defendant. The plaintiifs filed their petition for certiorari, and the certiorari bond was signed, “Harwell & Lewis, by S. J. Harwell.” The suit was by “S. J. Harwell and J. B. Lewis.” On the hearing of the petition for certiorari, the defendant moved to dismiss it, because (1) there was no specific assignment of error; (2) the bond…
1Opinion of the CourtAtkinson, J.
1. The first ground of the motion to dismiss the certiorari was not tenable, for the reason that the petitioners had set forth all of the record and all of the facts which were before *452the trial court, and objected to the judgment of the court rendered upon the trial, and assigned error upon the same, on the ground that the judgment was contrary to law and to the evidence and was without either to support it. Under the ruling in the case of Matthews v. Parker, 124 Ga. 144, that was a sufficient assignment of error'.
2. The suit was not by partners, but by individuals as coplaintiffs. In this…
2Cases cited7 opinions
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- Southern Express Co. v. WheelerSupreme Court of Georgia · 1883
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- Head v. WaldrupSupreme Court of Georgia · 1944
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