Fincher v. Stanley Electric Manufacturing Co.

Supreme Court of Georgia

Fincher v. Stanley Electric Manufacturing Co.

67 S.E. 1033, 134 Ga. 398, 1910 Ga. LEXIS 218

DecidedApril 21, 1910

StatusPublished

This text of 67 S.E. 1033 (Fincher v. Stanley Electric Manufacturing Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fincher v. Stanley Electric Manufacturing Co., 67 S.E. 1033, 134 Ga. 398, 1910 Ga. LEXIS 218 (Ga. 1910).

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Opinion

Holden, J.

An attachment was issued for $1,110, on January 31, 1905, upon affidavit made that day stating such amount to be due by the defendant to the plaintiff. A declaration was subsequently filed, alleging that the defendant owed the plaintiff ex contractu $1,100, and that the same became due January 31, 1905. The record discloses no plea of defense filed by defendant. Upon the trial of the case a verdict was rendered as follows: “We, the jury, find for the plaintiff the sum of $300, with interest at 7 Held, that the pi-oper construction of the verdict is that the interest was to be computed on the principal sum of $300 from January 31, 1905, and that the plaintiff was entitled to judgment accordingly. 22 Enc. Pl. & Pr. 921; Gray v. Conyers, 70 Ga. 349, 355; Beckwith v. Carleton, 14 Ga. 691; Van Winkle v. Wilkins, 91 Ga. 93 (10), 106 (7 S. E. 644, 12 Am. St. R. 299); Phillips v. Behn, 19 Ga. 298; Jackson v. Jackson, 47 Ga. 99; Mitchell v. Addison, 20 Ga. 50.

Judgment reversed.

All the Justices concur, except Beck, J., disqualified.

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Holden, J.

An attachment was issued for $1,110, on January 31, 1905, upon affidavit made that day stating such amount to be due by the defendant to the plaintiff. A declaration was subsequently filed, alleging that the defendant owed the plaintiff ex contractu $1,100, and that the same became due January 31, 1905. The record discloses no plea of defense filed by defendant. Upon the trial of the case a verdict was rendered as follows: “We, the jury, find for the plaintiff the sum of $300, with interest at 7 Held, that the pi-oper construction of the verdict is that the interest was to be computed on the principal sum of $300 from January 31, 1905, and that the plaintiff was entitled to judgment accordingly. 22 Enc. Pl. & Pr. 921; Gray v. Conyers, 70 Ga. 349, 355; Beckwith v. Carleton, 14 Ga. 691; Van Winkle v. Wilkins, 91 Ga. 93 (10), 106 (7 S. E. 644, 12 Am. St. R. 299); Phillips v. Behn, 19 Ga. 298; Jackson v. Jackson, 47 Ga. 99; Mitchell v. Addison, 20 Ga. 50.

Judgment reversed.

All the Justices concur, except Beck, J., disqualified.

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Bluebook (online)

67 S.E. 1033, 134 Ga. 398, 1910 Ga. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fincher-v-stanley-electric-manufacturing-co-ga-1910.

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