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Samuels v. Briscoe

Samuels v. Briscoe, 19 S.E. 245 (Ga. 1894)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
March 26, 1894
Citations
19 S.E. 24594 Ga. 4251894 Ga. LEXIS 104
Headnotes
Some o£ the errors assigned in the petition for certiorari being that-the judgment of the magistrate was contrary to law and evidence, and the parties havingbeen at issue in a justice’s court on matters of fact, a review of the judgment would necessarily involve a revision of these matters. Consequently the remedy of the losing party was appeal and not certiorari, and the superior court did not err in dismissing the certiorari for this reason. Judgment affirmed.
Summary
Certiorari. Before Judge Henry. Floyd superior court. March term, 1893.

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

Opinion of the Court

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Suit was brought in a justice’s court by attachment for the purchase money of a mule. Plaintiff obtained judgment of the justice for $95 with interest and cost. Defendant carried the case to the superior court by certiorari, alleging that the justice erred, in sustaining plaintiff’s motion to strike the plea that the vendor’s purchase money debt had been satisfied; in giving judgment for plaintiff, contrary to law and evidence, in that the testimony of defendant of a former suit was received without objection, and yet judgment was given for plaintiff; in giving judgment for plaintiff, contrary to law and evidence, in that the testimony introduced by plaintiff showed that she was not defendant’s vendor, and that his vendor had his purchase money debt satisfied by plaintiff paying said vendor a valuable consideration on the purchase money note, without holding the vendor liable in the event the note was not paid by the maker (defendant); and in giving judgment for plaintiff, contrary to law and evidence, in that it appeared from the testimony for the plaintiff that she did not sell the mule to defendant, and therefore she could not sustain her attachment for purchase money. In the superior court the certiorari was dismissed on plaintiff’s motion, because there should have.been an appeal, the amount involved being over $50, and there being a disputed question of fact. Defendant assigned this judgment as error, because, (1) “there was no question of disputed facts involved in the certiorari”; and (2) “there was an unmixed proposition of law, the adjudication of which would have completely and finally overruled the justice’s judgment* and disposed of the case.”

How later courts describe this case

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

1897: 11898: 118972026peak 1897 · 1

Relies on it most ⓘ

  1. Toole v. Edmondson & Seay Bros.31 S.E. 25 (Ga. 1898)
  2. Humphries v. Blalock28 S.E. 165 (Ga. 1897)

Most recent

  1. Toole v. Edmondson & Seay Bros.31 S.E. 25 (Ga. 1898)
  2. Humphries v. Blalock28 S.E. 165 (Ga. 1897)

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.

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