lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
FREEMAN et al. v. ALLSTATE BUSINESS SYSTEMS, INC.
65712.
MCMURRAY, Presiding Judge.
Action on contract. Fulton State Court. Before Judge Lambros.
This action involves a breach of a lease contract with reference to non-payment as to the monthly payments in the lease of a copier and cabinet. The action was originally brought by Allstate Business Systems, Inc. against Jesse L. Freeman.
Freeman answered the complaint contending that Freeman Construction Company, Inc. (of which he was or is president) had leased the copier and otherwise denied the complaint and implied also that Martrac and Company, Inc. was somehow involved. By counterclaim he sought general and punitive damages for the malicious use of process in the filing of an improper lawsuit.
Plaintiff then moved to add Freeman Construction Company, Inc. as an additional party defendant, and in a hearing of this motion and upon an oral motion to add Martrac and Company, Inc., the trial court granted leave to amend the complaint adding these parties as defendants. The action was than amended to add these parties as defendants, who were served and failed to answer.
L. 1968, pp. 565, 573; 1966, pp. 152, 159) (now OCGA 14-2-21, effective November 1, 1982). Held:
The individual defendant's argument that OCGA 9-11-32 (Code Ann. 81A-132) with reference to use of depositions in court proceedings and the case of Watson v. Elberton-Elbert County Hosp. Auth., 229 Ga. 26, supra, required the grant of a new trial (apparently under the authority of the exercise of the sound discretion of the trial court) is not meritorious. The second enumeration of error which is an apparent statement that the general corporate powers of a corporation in some way authorizes a new trial to the corporate defendants fails to constitute proper argument in failing to supply a proper reason in support of the contentions of the party. See Haskins v. Jones, 142 Ga. App. 153 (1) (235 SE2d 630). As stated therein the defendants have merely stated "what they feel the result of the case should be but have not supplied the reason."
Accordingly, we hold these enumerations of error are totally unsupported by argument or citation of authority sufficient to set forth why the judgment of the trial court should be reversed. As stated in Wilkie v. State, 153 Ga. App. 609, 610 (1) (266 SE2d 289), "except in the most unusual of analytic circumstances a legal contention will not prove itself." Accordingly, we deem the enumerations of error to be without merit under the vague argument made in stating the contentions of the parties defendant without supplying any reason why the trial court should have granted a new trial.
Bruce D. Duncan, for appellee.
Jesse L. Freeman, pro se.
DECIDED APRIL 7, 1983.
Thursday May 21 19:36 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com