Pittsburgh Spring Co. v. Smith & Sons

Supreme Court of Georgia

Pittsburgh Spring Co. v. Smith & Sons

42 S.E. 80, 115 Ga. 764, 1902 Ga. LEXIS 572

CourtSupreme Court of Georgia

DecidedJune 11, 1902

StatusPublished

Cited by3 cases

This text of 42 S.E. 80 (Pittsburgh Spring Co. v. Smith & Sons) 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.

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Pittsburgh Spring Co. v. Smith & Sons, 42 S.E. 80, 115 Ga. 764, 1902 Ga. LEXIS 572 (Ga. 1902).

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Opinion

Lumpkin, P. J.

1. The defendant having joined issue with the plaintiffs without demurring to their petition, and they having introduced sufficient testimony to prove their case as laid, the verdict in their favor was warranted. Savannah Railway Co. v. Ladson, 114 Ga. 762.

2. The failure of the court to charge upon a ground of defense not set up in the defendant’s answer certainly does not entitle the latter to a new trial.

Judgment affirmed.

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

Attachment. Before Judge Reagan. Pike superior court. December 7, 1901.

G. D. Dominick and A. A. Murphey, for plaintiff in error. W. W. Lambdin, contra.

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