Legal Opinion

Payne v. Allen

Court of Appeals of Georgia

Decided December 14, 1921No. 12498Published

Action for damages; from city court of Bainbridge — Judge Spooner. April 25, 1921. Application for certiorari was granted by the Supreme Court.

1Opinion

ON MOTION FOR REHEARING.

Jenkins, P. J.

The record in this case as originally sent up by the clerk of the trial court was deficient, in that it omitted from the 8th paragraph of the petition the allegation showing the death *12of plaintiff’s son in the collision described. Counsel for the defendant themselves called attention to this diminution of the record, but the fact escaped our attention, for the reason that the defendant’s general demurrer was neither insisted upon nor argued in the briefs of counsel, and the sole argument on the facts of the case was based upon the defendant’s contention…

2Cases cited4 opinions

  1. Riley v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1909
  2. King v. Southern Railway Co.Supreme Court of Georgia · 1907
  3. Macon, Dublin, & Savannah Railroad v. MooreSupreme Court of Georgia · 1906
  4. Southern Railway Co. v. DysonSupreme Court of Georgia · 1900

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