Smith v. George

Decided March 15, 1859

Supreme Court of Georgia · decided 1859-03-15

Complaint, in Floyd superior court. Tried before Judge Hammond, February Term, 1859. This was an action brought by Mrs. Sarah George, against William R. Smith, to recover two hundred and sixteen dollars for the work and labor of her two sons. Jarrett and Joshua, alleged to have been done and bestowed in and about the erection of a bridge. The demand was in. the form of an account, as follows : Wm. R. Smith, To Sarah George, Dr. 1852.

Good law ✅— No negative treatment on recordhow we know

Decided 1859-03-15

How this case has been cited

Cited by 3 later decisions — most recently June 1978

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1By the Court.

Lumpkin, J.,

¶2delivering the opinion.

¶3We affirm the judgment of the court below on all the grounds taken in the bill of exceptions. The judge charged the law correctly, and as favorable to the defendant as he was entitled to.

¶4Why should these boys go unpaid ? Ought not Mr. Smith to pay somebody for the work and labor which they did for him, and that, too, at his own special request ?

¶5As to the newly discovered testimony, the showing is not sufficient to let it in ; and if it were submitted to a jury, it could not change the result.

¶6The fact that their mother said she wished them to work with Mr. Brown to learn their trade, is not inconsistent with the idea that they should be paid for their services by Mr. Smith.

¶7Judgment affirmed.