City of Nashville v. Hendricks
Court of Appeals of Georgia
Foreclosure of ■ lien; from Berrien superior court — Judge Dickerson. September 20, 1921. The motion to dismiss the writ of error was upon the following grounds: “ 1. There is no sufficient assignment of error in the bill of exceptions; an assignment of error to the sustaining of demurrers must be specific, so that the court may, upon reading the assignment, at once grasp the error complained of. 2. The assignment of error in the bill of exceptions is duplicitous and…
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Foreclosure of ■ lien; from Berrien superior court — Judge Dickerson. September 20, 1921. The motion to dismiss the writ of error was upon the following grounds: “ 1. There is no sufficient assignment of error in the bill of exceptions; an assignment of error to the sustaining of demurrers must be specific, so that the court may, upon reading the assignment, at once grasp the error complained of. 2. The assignment of error in the bill of exceptions is duplicitous and self-contradictory, in that it is contended the plaintiff in error has the right to either sue or foreclose its lien. If it…
1Opinion of the CourtBloodworth, J.
1. The motion to dismiss the writ of error is without merit, and is overruled.
2. The petition was too vague and indefinite to set out a cause of action against the defendants, and was properly dismissed in the demurrer interposed. Judgment affirmed.
Broyles, C. J., and Luke, J., concur. The plaintiff’s petition was as follows: “ The City of Nashville, a municipal corporation, by and through its mayor and council, shows to the court the following state of facts: . “ 1. That the City of Nashville, Berrien county, Georgia, hereinafter termed the plaintiff, and R. A. Hendricks and 0. P. Bennett,…
2Cases cited8 opinions
- Mayor of Macon v. HughesSupreme Court of Georgia · 1900
- Keen v. Mayor of WaycrossSupreme Court of Georgia · 1897
- Holcombe v. StateCourt of Appeals of Georgia · 1908
- Hudspeth v. HallSupreme Court of Georgia · 1901
- City of Cartersville v. McGinnisSupreme Court of Georgia · 1914
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