Hamer v. White
Cases that cite this one
16 later published cases cite this decision.
- Butts v. Academy of Beauty, Inc. (Ga. Ct. App. 1968)
- Tallent v. McKelvey (Ga. Ct. App. 1962)
- Clark v. S. F. C. Acceptance Corp. (Ga. Ct. App. 1964)
- Reese v. Bice (Ga. Ct. App. 1953)
- Minhinnett v. Jackson (Ga. Ct. App. 1932)
- Trust Co. v. Mobley (Ga. Ct. App. 1929)
- Walton v. Sikes (Ga. 1927)
- Vandalsem v. Caldwell (Ga. Ct. App. 1924)
- McConnell v. Frank E. Block Co. (Ga. Ct. App. 1921)
- Georgian Co. v. Kinney (Ga. Ct. App. 1917)
- Adams v. Georgia Railway & Electric Co. (Ga. 1914)
- Anderson v. Sapp (Ga. 1910)
- Peacock Construction Co. v. Chambers (Ga. 1967)
- Lavenden v. Haseman (Ga. 1924)
- Morris v. Wofford (Ga. 1902)
- Casey v. Wagnon (Ga. 1900)
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
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. Railroad Company, 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, 109 Ga. 230; Holton v. Taylor, 80 Ga. 509.
3. A trespasser who interferes with another’s rightful possession 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. Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.