Lackey v. Old Kentucky Manufacturing Co.

Court of Appeals of Georgia

Lackey v. Old Kentucky Manufacturing Co.

73 S.E. 432, 10 Ga. App. 382, 1912 Ga. App. LEXIS 522

CourtCourt of Appeals of Georgia

DecidedJanuary 15, 1912

Docket3593

StatusPublished

This text of 73 S.E. 432 (Lackey v. Old Kentucky Manufacturing 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

Lackey v. Old Kentucky Manufacturing Co., 73 S.E. 432, 10 Ga. App. 382, 1912 Ga. App. LEXIS 522 (Ga. Ct. App. 1912).

Pincite

Opinion

Hill, C. J.

1. In a suit on an account, in a justice’s court, where the account was verified by the affidavit of the plaintiff, and a counter-affidavit was filed by the defendant, while the justice was not authorized to enter a judgment in favor of the plaintiff on his verification of the account without other proof, yet it was harmless error to admit the affidavit of verification in evidence, where, in addition to the affidavit, other proof was submitted in support of the correctness of the account, which was sufficient for that purpose irrespective of the affidavit. Civil Code (1910), § 4730.

2. This case involves only $12. There was evidence to support the finding of the jury in the justice’s court in favor of the plaintiff, and no material error of law appears. The judgment of the superior court, overruling the certiorari, will not be disturbed.

Judgment affirmed.

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

Hill, C. J.

1. In a suit on an account, in a justice’s court, where the account was verified by the affidavit of the plaintiff, and a counter-affidavit was filed by the defendant, while the justice was not authorized to enter a judgment in favor of the plaintiff on his verification of the account without other proof, yet it was harmless error to admit the affidavit of verification in evidence, where, in addition to the affidavit, other proof was submitted in support of the correctness of the account, which was sufficient for that purpose irrespective of the affidavit. Civil Code (1910), § 4730.

2. This case involves only $12. There was evidence to support the finding of the jury in the justice’s court in favor of the plaintiff, and no material error of law appears. The judgment of the superior court, overruling the certiorari, will not be disturbed.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

73 S.E. 432, 10 Ga. App. 382, 1912 Ga. App. LEXIS 522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lackey-v-old-kentucky-manufacturing-co-gactapp-1912.