Erambert v. Scarborough
Cases that cite this one
3 later published cases cite this decision.
- Redding v. Commonwealth of America, Inc. (Ga. Ct. App. 1977)
- Cates v. Duncan (Ga. 1936)
- Jowers & Son v. Kirkpatrick Hardware Co. (Ga. Ct. App. 1918)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Article Y. section 3 and paragraph 3 of the Constitution gives the Court authority to render judgment, without the verdict of a jury in all civil cases founded on contract, where an issuable defense is not filed on oath. Section 13 of the same article provides that the right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate. Before the Constitution, cases like the present in the Superior Court were tried by jury. That mode of trial must “remain inviolate/7 except where “an issuable defense is not filed on oath.77
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.