Elam v. Hamilton
Cases that cite this one
13 later published cases cite this decision.
- Perimeter Billjohn, Inc. v. Perimeter Mall, Inc. (Ga. Ct. App. 1977)
- Miller v. West (Ga. Ct. App. 1951)
- J. B. Withers Cigar Co. v. Kirkpatrick (Ga. 1943)
- Corley-Powell Produce Co. v. Allen (Ga. Ct. App. 1931)
- Kirsch v. Witt (Ga. Ct. App. 1927)
- Butler v. LaGrange Grocery Co. (Ga. Ct. App. 1923)
- Watkins v. Alexander & Garrett, Inc. (5th Cir. 1922)
- Ayers v. Claridy (Ga. 1919)
- Southern Ry. Co. v. Wilder (5th Cir. 1916)
- Preetorius v. Anderson (5th Cir. 1916)
- Swain v. Nasworthy (Ga. Ct. App. 1907)
- Brooke v. Augusta Warehouse & Banking Co. (Ga. 1904)
- Hardy v. Poss (Ga. 1904)
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
[On November 15, 1881, Elam brought his action of complaint against Hamilton in a justice’s court, founded on a promissory note, dated January 1, 1878, due January 1, 1879, to Mrs. Tummons for rent. The defendant filed a plea in abatement, alleging that on February 15, 1879, Mrs. Tummons had sued out a distress warrant for rent, based on the same debt; that it had been levied on the tools of defendant, and was standing undisposed of.
On the trial, the evidence showed that the distress warrant had been issued and levied, and that a counter-affidavit had been filed and remained undisposed of. The justice rendered a judgment sustaining the plea, and plaintiff carried the case to the superior court by certiorari. On the hearing, the judge dismissed the certiorari, and plaintiff excepted.]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.