Caudell v. Southern Railway Co.
Cases that cite this one
3 later published cases cite this decision.
- Henry Darling Inc. v. Harvey-Given Co. (Ga. Ct. App. 1930)
- Georgia, Florida & Alabama Railway Co. v. Sheppard (Ga. Ct. App. 1907)
- Lowe Co. v. Central of Georgia Railway Co. (Ga. 1905)
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. Section 4130 of the Civil Code, which provides the mode of proof and defense in a suit in a justice’s court upon an open account, does not apply to an “ action for damage and loss or destruction of goods ” by a common carrier, although an itemized list of the articles and their values is attached to the summons and sworn to as correct.
2. The ruling to the contrary, made by the magistrate, involved only a question of law, and a certiorari from his decision was the proper remedy.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.