TaiLexi AI U.S. Case Law

North & South Street Railroad v. Crayton

The North & South Street Railroad Co. v. Crayton

North & South St. R.R. v. Crayton, 12 S.E. 877 (Ga. 1891)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Georgia · State Highest Courts
Decided
January 14, 1891
Judges
Bleckley
Citations
12 S.E. 87786 Ga. 4991891 Ga. LEXIS 3
Headnotes
Judgment will not be arrested for uncertainty in tbe verdict as to amount where the finding of the jury is for a specific sum “ less amount of freight ” and there is no freight involved in the controversy. The superadded words are meaningless and may be treated as surplusage. By two Justices.
Summary
Judgment. Verdict. Practice. Before Judge Gober. Floyd superior court. March, term, 1890. Reported in the decision.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Bleckley

Text extracted by OCR from a scanned original; check the original for exact wording.

Bleckley, Chief Justice.

The motion in arrest of judgment was properly overruled. The verdict was in these words: “We, the jury, find for plaintiff eight hundred dollars ($800.00), less amount of freight, with interest; also, setting up lien, and find property subject set forth in declaration.” The words “less amount of freight” are surplusage. There was no freight involved in the issue on trial. Nothing of the sort was mentioned anywhere in the pleadings. The verdict is therefore for eight hundred dollars less nothing, and this is equivalent to eight hundred dollars simply. The jury having found no amount by which it is to be diminished, it cannot be diminished at all. Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1907: 11922: 11927: 11939: 11971: 119072026peak 1907 · 1

Relies on it most ⓘ

  1. Fraser v. Jarrett112 S.E. 487 (Ga. 1922)
  2. McAfee v. Fickling & Walker Development Co.182 S.E.2d 146 (Ga. Ct. App. 1971)
  3. Halpern v. National Fire Insurance216 N.W. 209 (N.D. 1927)
  4. Southern Railway Co. v. Oliver & Morrow58 S.E. 244 (Ga. Ct. App. 1907)
  5. Patterson v. Fountain4 S.E.2d 38 (Ga. 1939)

Most recent

  1. McAfee v. Fickling & Walker Development Co.182 S.E.2d 146 (Ga. Ct. App. 1971)
  2. Patterson v. Fountain4 S.E.2d 38 (Ga. 1939)
  3. Halpern v. National Fire Insurance216 N.W. 209 (N.D. 1927)
  4. Fraser v. Jarrett112 S.E. 487 (Ga. 1922)
  5. Southern Railway Co. v. Oliver & Morrow58 S.E. 244 (Ga. Ct. App. 1907)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list