Briggs Hardware Co. v. Sofkee Naval Stores Co.

Court of Appeals of Georgia

Briggs Hardware Co. v. Sofkee Naval Stores Co.

63 S.E. 60, 5 Ga. App. 285, 1908 Ga. App. LEXIS 94

CourtCourt of Appeals of Georgia

DecidedDecember 8, 1908

Docket1189

StatusPublished

This text of 63 S.E. 60 (Briggs Hardware Co. v. Sofkee Naval Stores Co.) 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

Briggs Hardware Co. v. Sofkee Naval Stores Co., 63 S.E. 60, 5 Ga. App. 285, 1908 Ga. App. LEXIS 94 (Ga. Ct. App. 1908).

Pincite

Opinion

Hill, C. J.

Where a verdict and judgment were rendered in the city court against an alleged partnership and the individual members composing the partnership, and the evidence as to the existence of the partnership is not clear, but the proof of the liability of each of the individuals alleged to compose the partnership demands the verdict and judgment against them as individuals and joint promisors, it is error in the judge of the superior court, on certiorari, to set aside the verdict and judgment generally and order a new trial. This judgment is reversed with direction that the judgment rendered in the city court be so modified as to be effective only as against the individuals named. Judgment reversed.

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Hill, C. J.

Where a verdict and judgment were rendered in the city court against an alleged partnership and the individual members composing the partnership, and the evidence as to the existence of the partnership is not clear, but the proof of the liability of each of the individuals alleged to compose the partnership demands the verdict and judgment against them as individuals and joint promisors, it is error in the judge of the superior court, on certiorari, to set aside the verdict and judgment generally and order a new trial. This judgment is reversed with direction that the judgment rendered in the city court be so modified as to be effective only as against the individuals named. Judgment reversed.

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Bluebook (online)

63 S.E. 60, 5 Ga. App. 285, 1908 Ga. App. LEXIS 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briggs-hardware-co-v-sofkee-naval-stores-co-gactapp-1908.