Clemons v. Payne
Court of Appeals of Georgia
Complaint; from city court of Macon — Judge Guerry. July 24, 1920. Petitions in the name of Walker D. Hines, as director-general of the United States Eailroad Administration, were filed on January 19, 1920, alleging that the defendants, on or about the first day of October, 1918/entered into an agreement among themselves to ship, in the names of the designated consignors, from named points without the State of Georgia to named consignors at Macon, Georgia, by common…
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Complaint; from city court of Macon — Judge Guerry. July 24, 1920. Petitions in the name of Walker D. Hines, as director-general of the United States Eailroad Administration, were filed on January 19, 1920, alleging that the defendants, on or about the first day of October, 1918/entered into an agreement among themselves to ship, in the names of the designated consignors, from named points without the State of Georgia to named consignors at Macon, Georgia, by common carriers, intoxicating liquors, packing the same in barrels so that they would appear to be roofing pitch; that subsequently, in…
1Opinion of the CourtHill, J.
1. (After stating the foregoing facts.) The principal point to be decided by this court is whether the common carrier, under the allegations of the petitions, had the right to recover the freight, and, if so, whether this right was to recover freight for the transportation of whisky, or freight for the transportation of roofing pitch. The trial court overruled the demurrers generally, and this court might well content itself with merely affirming this judgment. But in order that the issues may be simplified and litigation more speedily ended, we deem it not improper to go further and decide…
2Cases cited3 opinions
- Howell ex rel. Jones v. FountainSupreme Court of Georgia · 1847
- Adams v. BarrettSupreme Court of Georgia · 1848
- Hill v. MitchellSupreme Court of Georgia · 1858