Jennings v. Stripling
Supreme Court of Georgia
Appeal. Before Judge Spence. Worth superior court. October 26, 1905. Stripling sued Jennings in a justice’s court. The summons cited the defendant “to answer the demand of B. H. Stripling in an action for damages for breach of contract in the sum of one hundred dollars.”' The cause of action attached to the summons was as follows: “Warrior, Ga., December 21, 1903. “J. T. Jennings, dr. to B. H. Stripling.
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Appeal. Before Judge Spence. Worth superior court. October 26, 1905. Stripling sued Jennings in a justice’s court. The summons cited the defendant “to answer the demand of B. H. Stripling in an action for damages for breach of contract in the sum of one hundred dollars.”' The cause of action attached to the summons was as follows: “Warrior, Ga., December 21, 1903. “J. T. Jennings, dr. to B. H. Stripling. “To damages for breach of contract which was verbally made, but was substantially as follows: • _ $100.00. “On Jaunary 31, 1903, J. T. Jennings, the defendant in this case, agreed and…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1. When there is no law, in terms, regulating the matter, whether a creditor whose demand is created by express contract, such as a promissory note, can voluntarily abandon a part of his claim, or* enter a credit upon it for the express purpose of reducing it within the jurisdiction of a given court, is a question upon which the authorities differ. See the numerous authorities cited in the opinion of Mr. Chief Justice Bleckley, in Stewart v. Thompson, 85 Ga. 831. Attention is called by the learned Chief Justice to the case of Cox v. Stanton, 58 Ga. 406, as a ruling…
2Cases cited11 opinions
- Baker v. Richmond City Mill WorksSupreme Court of Georgia · 1898
- Bowden v. TaylorSupreme Court of Georgia · 1888
- Cox, Hill & Thompson v. StantonSupreme Court of Georgia · 1877
- Cross v. Coffin-Fletcher Packing Co.Supreme Court of Georgia · 1905
- Atlanta, Knoxville & Northern Railway Co. v. ShippenSupreme Court of Georgia · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hoard v. WileyCourt of Appeals of Georgia · 1966
- Georgia Railway & Electric Co. v. TompkinsSupreme Court of Georgia · 1912
- Lamon v. PerryCourt of Appeals of Georgia · 1924
- Central of Georgia Railway Co. v. HartleyCourt of Appeals of Georgia · 1920
- Bonds v. BrownSupreme Court of Georgia · 1909
19 more not listed; retrieve them via the Exa API.