Dolvin & Co. v. Hicks

Court of Appeals of Georgia

Dolvin & Co. v. Hicks

62 S.E. 95, 4 Ga. App. 653, 1908 Ga. App. LEXIS 502

CourtCourt of Appeals of Georgia

DecidedJuly 31, 1908

Docket1247

StatusPublished

Cited by4 cases

This text of 62 S.E. 95 (Dolvin & Co. v. Hicks) 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

Dolvin & Co. v. Hicks, 62 S.E. 95, 4 Ga. App. 653, 1908 Ga. App. LEXIS 502 (Ga. Ct. App. 1908).

Pincite

Opinion

Powell, J.

1. In an attachment case the initial affidavit may be amended by adding one or more additional grounds- of attachment to those-originally alleged. Civil Code, §5122; Fitzpatrick v. Flanigan, 106 U. S. 648 (27 L. ed. 211, 1 Sup. Ct. 369) ; Brumby v. Rickoff, 94 Ga. 429 (21 S. E. 232) ; Collins v. Taylor, 128 Ga. 789 (58 S. E. 446).

2. Testimony that an account made out against a partnership was presented to one of the members thereof, and that he acknowledged its, correctness, is prima facie proof of the correctness of the account; and, in case of a denial of the account by the partnership, is sufficient to make an issue of fact for the jury.

Judgment affirmed.

Certiorari, from Bibb superior court — Judge Felton. May 26, 1908.

Submitted July 17, Decided July 31, 1908. Nottingham & Cabaniss, for plaintiffs in error. L. D. Moore, contra.

Free access — add to your briefcase to read the full text and ask questions with AI