Owens v. Read Phosphate Co.

Supreme Court of Georgia

Owens v. Read Phosphate Co.

42 S.E. 62, 115 Ga. 768, 1902 Ga. LEXIS 577

CourtSupreme Court of Georgia

DecidedJune 11, 1902

StatusPublished

Cited by12 cases

This text of 42 S.E. 62 (Owens v. Read Phosphate 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

Owens v. Read Phosphate Co., 42 S.E. 62, 115 Ga. 768, 1902 Ga. LEXIS 577 (Ga. 1902).

Pincite

Opinion

Little, J.

Where aplaintiff brings suit and recovers a money judgment against, a defendant in an amount less than he claims, and then files a bill of exceptions alleging that errors were committed on the trial in which the judgment was rendered, but subsequently has execution issued on his judgment and levied on the property of the defendant, and the same is paid off and discharged by the defendant, such plaintiff can not afterwards prosecute his writ of error in this court. Having coerced the payment of his judgment, he will be held to have elected to take it as rendered. When such facts are made to appear to this court, the writ of error will be dismissed. Elliott on App. Proc. §150, and cases cited in note 3, page 126; 2 Cyc. Law & Proc. 662, and numerous cases cited in note 76, p. 653.

Writ of error dismissed.

All the Justices concurring, except Lewis, J., absent.

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

Little, J.

Where aplaintiff brings suit and recovers a money judgment against, a defendant in an amount less than he claims, and then files a bill of exceptions alleging that errors were committed on the trial in which the judgment was rendered, but subsequently has execution issued on his judgment and levied on the property of the defendant, and the same is paid off and discharged by the defendant, such plaintiff can not afterwards prosecute his writ of error in this court. Having coerced the payment of his judgment, he will be held to have elected to take it as rendered. When such facts are made to appear to this court, the writ of error will be dismissed. Elliott on App. Proc. §150, and cases cited in note 3, page 126; 2 Cyc. Law & Proc. 662, and numerous cases cited in note 76, p. 653.

Writ of error dismissed.

All the Justices concurring, except Lewis, J., absent.

Cite This Page — Counsel Stack

Bluebook (online)

42 S.E. 62, 115 Ga. 768, 1902 Ga. LEXIS 577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-read-phosphate-co-ga-1902.

Opinion

Related

Cite This Page — Counsel Stack