Bell v. Evans

Court of Appeals of Georgia

Bell v. Evans

91 S.E. 787, 19 Ga. App. 469, 1917 Ga. App. LEXIS 163

CourtCourt of Appeals of Georgia

DecidedMarch 15, 1917

Docket7913

StatusPublished

Cited by2 cases

This text of 91 S.E. 787 (Bell v. Evans) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bell v. Evans, 91 S.E. 787, 19 Ga. App. 469, 1917 Ga. App. LEXIS 163 (Ga. Ct. App. 1917).

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Opinion

Wade, C. J.

1. This was a suit on an account, for $26.50, the alleged value of certain permanent fixtures, to wit, about a half of a small privy, a little more than one roll of fence wire, and some planking and fence posts, all attached by the plaintiff to land which (according to parol testimony of the defendant, admitted without objection) belonged to the defendant, and which were removed from the land by the defendant. The verdict in favor of the defendant was therefore not without evidence to support it.

2. The assignments of error based upon the allowance of an amendment [470]*470to the plea of the defendant, and also upon the admission of certain documentary evidence, can not be considered, since the exact nature and effect of the amendment do not appear, and the contents of the documents are not disclosed, either by the assignments themselves, or by any recitals in the petition for certiorari. The petition alleging error must itself show error, and where the assignments of error therein are insufficient to accomplish this purpose they can not be considered.

Decided March 15, 1917.

Certiorari; from Cherokee superior court—Judge Patterson. September 29, 1916.

Howell Broolce, for plaintiff.

3.- The judge of the superior court did not err in overruling the certiorari.

Judgment affi¡-med.

George and Luke, JJ,, eoneur.'

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Wade, C. J.

1. This was a suit on an account, for $26.50, the alleged value of certain permanent fixtures, to wit, about a half of a small privy, a little more than one roll of fence wire, and some planking and fence posts, all attached by the plaintiff to land which (according to parol testimony of the defendant, admitted without objection) belonged to the defendant, and which were removed from the land by the defendant. The verdict in favor of the defendant was therefore not without evidence to support it.

2. The assignments of error based upon the allowance of an amendment [470]*470to the plea of the defendant, and also upon the admission of certain documentary evidence, can not be considered, since the exact nature and effect of the amendment do not appear, and the contents of the documents are not disclosed, either by the assignments themselves, or by any recitals in the petition for certiorari. The petition alleging error must itself show error, and where the assignments of error therein are insufficient to accomplish this purpose they can not be considered.

Decided March 15, 1917.

Certiorari; from Cherokee superior court—Judge Patterson. September 29, 1916.

Howell Broolce, for plaintiff.

3.- The judge of the superior court did not err in overruling the certiorari.

Judgment affi¡-med.

George and Luke, JJ,, eoneur.'

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91 S.E. 787, 19 Ga. App. 469, 1917 Ga. App. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-v-evans-gactapp-1917.

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