McCook v. Alligood

Court of Appeals of Georgia

McCook v. Alligood

113 S.E. 93, 28 Ga. App. 812, 1922 Ga. App. LEXIS 882

CourtCourt of Appeals of Georgia

DecidedJuly 24, 1922

Docket13194

StatusPublished

Cited by1 cases

This text of 113 S.E. 93 (McCook v. Alligood) 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

McCook v. Alligood, 113 S.E. 93, 28 Ga. App. 812, 1922 Ga. App. LEXIS 882 (Ga. Ct. App. 1922).

Pincite

Opinion

Stephens, J.

1. Under the ruling announced in Sattes & Wimer Lumber Co. v. Hales, 11 Ga. App. 569 (75 S. E. 898), the jury was authorized to find a verdict for the plaintiff against the claimant in a proceeding to foreclose a laborer's lien under the Civil Code (1910), § 3335, upon property belonging to the claimant. While in the case under consideration no equitable amendment was filed by the plaintiff as in the case cited, yet evidence in support of the plaintiff’s claim, under the rule there laid down, having been admitted without objection, the plaintiff is entitled to the benefit of such testimony as if the amendment, which would have been allowable, had been filed. Artope v. Goodall, 53 Ga. 318, 324 (3); Field v. Martin, 49 Ga. 268 (3); Haiman v. Moses, 39 Ga. 708 (3); Savannah &c. Ry. Co. v. Barber, 71 Ga. 644 (2), 648; Central R. Co. v. Attaway, 90 Ga. 656, 659 (16 S. E. 956). The superior court therefore did not err in overruling the certiorari.

2. It not appearing that the case was brought to this court for the purpose of delay only, the motion of the defendant in error, that damages be assessed against the plaintiff in error, is denied. .

Judgment affirmed.

Jenkins, P. J., concurs.

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

Stephens, J.

1. Under the ruling announced in Sattes & Wimer Lumber Co. v. Hales, 11 Ga. App. 569 (75 S. E. 898), the jury was authorized to find a verdict for the plaintiff against the claimant in a proceeding to foreclose a laborer's lien under the Civil Code (1910), § 3335, upon property belonging to the claimant. While in the case under consideration no equitable amendment was filed by the plaintiff as in the case cited, yet evidence in support of the plaintiff’s claim, under the rule there laid down, having been admitted without objection, the plaintiff is entitled to the benefit of such testimony as if the amendment, which would have been allowable, had been filed. Artope v. Goodall, 53 Ga. 318, 324 (3); Field v. Martin, 49 Ga. 268 (3); Haiman v. Moses, 39 Ga. 708 (3); Savannah &c. Ry. Co. v. Barber, 71 Ga. 644 (2), 648; Central R. Co. v. Attaway, 90 Ga. 656, 659 (16 S. E. 956). The superior court therefore did not err in overruling the certiorari.

2. It not appearing that the case was brought to this court for the purpose of delay only, the motion of the defendant in error, that damages be assessed against the plaintiff in error, is denied. .

Judgment affirmed.

Jenkins, P. J., concurs.

Cite This Page — Counsel Stack

Bluebook (online)

113 S.E. 93, 28 Ga. App. 812, 1922 Ga. App. LEXIS 882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccook-v-alligood-gactapp-1922.

Opinion

Related

Cite This Page — Counsel Stack