126 Ga. 784 | Ga. | 1906
-(After stating the foregoing facts.) If the summons be considered alone, the suit was simply for an overcharge. If the . account attached be considered alone, it is doubtful whether it constitutes a claim for an overcharge and a penalty, or a claim merely for a penalty. The affidavit to the account indicates an intention' to claim a penalty only, as indicated by the amount referred to in the affidavit, taken in connection with the item in the account. When the summons, the account, and the affidavit are all taken together, it is doubtful what is the character of the claim sought to be recovered. It might be construed to be a claim for an overcharge. It might be construed to be a claim for a penalty. It is possible to construe it as a claim for a penalty and an.overcharge. In other words, that which constitutes the pleadings in this case
Judgment reversed.