Howard v. Chamberlin, Boynton & Co.
Supreme Court of Georgia
Practice in the Supreme Court. Practice in the Superior Court. Contracts. Interest. Waiver. Appeal. Evidence. Charge of Court. Before Judge Hillyer. Fulton Superior Court. September Term, 1879. On May 2d, 1878, Howard brought two suits in the justice court 1026, D. G. M., against Chamberlin, Boynton & Co., each on open account.
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Practice in the Supreme Court. Practice in the Superior Court. Contracts. Interest. Waiver. Appeal. Evidence. Charge of Court. Before Judge Hillyer. Fulton Superior Court. September Term, 1879. On May 2d, 1878, Howard brought two suits in the justice court 1026, D. G. M., against Chamberlin, Boynton & Co., each on open account. The first was as follows: “Atlanta, Ga., May 1, 1878. “Chamberlin, Boynton & Co. to Warren Howard, Dr. “To amount due for the month of March, 1878, under contract of services as clerk for 1878, at $50.00 per month...............$50.00.” The other account was the same,…
1Opinion of the Court
Crawford, Justice.
1. The first question made before us in this case is whether a bill of exceptions pendente lite can be considered here, when the same was neither filed nor entered of record at the term of the court at which the exceptions were taken.
Section 4250 of the Code provides that at any stage of the cause either party may file his exceptions, and if certified and allowed, they shall be entered of record.
Section 4254 further provides that the judge shall certify them to be true, and order them to be placed on the record, and that they shall be tendered during the term. Thus it will…
2Cases cited2 opinions
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