Waterman v. Glisson
| Decision Date | 11 June 1902 |
| Citation | 42 S.E. 95,115 Ga. 773 |
| Parties | WATERMAN v. GLISSON. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. Where suit for breach of a warranty was brought against a partnership alleged to be composed of three persons, and one of them filed a plea, in his individual capacity, denying that he as an individual ever made the warranty sued on, but not denying that he was a member of the partnership, or showing facts which would relieve the partnership of liability, such plea was properly stricken on motion.
2. It was not error to reject an unsworn amendment to such plea, denying the existence of the partnership and the pleader's member-ship therein. Civ. Code,§ 2637.
3. Under the act creating the city court of Bainbridge, it is not necessary to take the verdict of a jury except where a jury is demanded, even though the suit be for unliquidated damages.
4. A count in a declaration, alleging in substance that the defendant had acted in bad faith, and had been stubbornly litigious, and had caused the plaintiff unnecessary trouble and expense, may be joined with a count on breach of warranty; and, if the amounts claimed in the two counts aggregate more than $50, this will, as against a motion in arrest of judgment, give jurisdiction of the suit to a court having jurisdiction only of suits for more than $50.
Error from city court of Bainbridge; B. B. Bower, Judge.
Action by L. Glisson against L. Waterman. Judgment for plaintiff. Defendant brings error. Affirmed.
Donalson & Fleming, for plaintiff in error.
Bower & Bower, for defendant in error.
Judgment affirmed.
LEWIS, J., absent on account of sickness.
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