Hamer v. White
| Decision Date | 29 January 1900 |
| Citation | 34 S.E. 1001,110 Ga. 300 |
| Parties | HAMER. v. WHITE. |
| Court | Georgia Supreme Court |
PLEADING—AMENDMENT —EFFECT — CONSTABLES—TRESPASS—DAMAGES—NEW TRIAL.
1. "A plaintiff who submits to a ruling that his petition is defective without amendment, and amends to meet the objection, which would otherwise result in dismissing his case, will not be thereafter heard to say that the amendment was not necessary." Glover v. Railway Co., 32 S. E. 876, 107 Ga. 34.
2. Inasmuch as a justice's court has no jurisdiction in actions of trover, a constable who seizes property by virtue of a process issuing from such a court in a bail-trover case is a trespasser, although he may act in good faith and without malice. Blocker v. Boswell (decided at the present term) 34 S. E. 289; Holton v. Taylor, 6 S. E. 15, 80 Ga. 509.
3. A trespasser who interferes with another's rightful possession to and use of personalty is liable for damages thus occasioned; and where, in a given case, the damages were readily capable of ascertainment, and the amount thereof, under the evidence, necessarily exceeded that named in the verdict returned in the plaintiff's favor, he is entitled to a new trial.
(Syllabus by the Court.)
Error from city court of Atlanta; A. E. Calhoun, Judge.
Action by C. F. Hamer against R. J. White for the wrongful seizure of goods. From a judgment in favor of plaintiff for less than the amount demanded, he brings error. Reversed.
D. S. Craig and Hamilton Douglas, for plaintiff in error.
W. H. & E. R. Black, for defendant in error.
Judgment reversed.
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Peacock Const. Co. v. Chambers
...alleged after amendment. We do not agree with such cases as Glover v. Savannah F. & W. Ry. Co., 107 Ga. 34, 32 S.E. 876; Hamer v. White, 110 Ga. 300, 34 S.E. 1001; Speer v. Alexander, 149 Ga. 765, 102 S.E. 150; and Lavenden v. Haseman, 157 Ga. 275, 121 S.E. 646, and similar cases holding th......
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Lavenden v. Haseman, (No. 3669.)
...Rome Railroad Co. v. Thompson, 101 Ga. 26, 28 S. E.' 420; Glover v. S., F. & W. Rv. Co., 107 Ga. 34, 32 S. E. 876; Hamer v. White, 110 Ga. 300, 34 S. E. 1001; Morris v. Wofford, 114 Ga. 935, 41 S. E. 56. The order of the trial judge requiring amendment, to which reference has already been m......
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Lavenden v. Haseman
... ... Rome ... Railroad Co. v. Thompson, 101 Ga. 26, 28 S.E. 429; ... Glover v. S., F. & W. Ry. Co., 107 Ga. 34, 32 S.E ... 876; Hamer v. White, 110 Ga. 300, 34 S.E. 1001; ... Morris v. Wofford, 114 Ga. 935, 41 S.E. 56. The ... order of the trial judge requiring amendment, to which ... ...
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Morris v. Wofford
...announced has been heretofore ruled by this court. Railroad Co. v. Thompson, 101 Ga. 28, 28 S. E. 429 (11). See, also, Hamer v. White, 110 Ga. 300, 34 S. E. 1001, and cases cited; Walker v. Mortgage Co., 114 Ga. 802, 40 S. E. 1010. 2. The motion to set aside the judgment was based on the fo......