107 Ga. 420 | Ga. | 1899
Davis brought his suit against the South Carolina & Georgia Railroad Company to the October term, 1898, of Washington superior court. He alleged that on March 1, 1897, he purchased from J. T. Bothwell Jr., of Augusta, Ga., a certain one-thousand-mile ticket over the defendant’s road; that the ticket and a great many more of the same kind were sold by the defendant to the “Chicago Mail,” to pay for advertising done in that newspaper by the company, and although the ticket provided on its face that it was good only in the hands of the person to whom it was issued, and should be taken up and forfeited if presented by any other person, yet it was sold in blank, and the company did not require at the time of the sale that the name of the purchaser should be entered thereon; and it expressly waived, by its conduct in the sale of the tickets, the “original purchaser” clause thereof; that the tickets thus sold to the Chicago Mail in blank were sent by the newspaper to a ticket-broker in Augusta, and were by him sold to J. T. Bothwell Jr., being still in blank when Bothwell bought, and that after purchasing such ticket, Bothwell “wrote his name upon . . the ticket, . . without, however, making any contract . . with said Chicago
At the appearance term of the case, a consent order was taken, setting the demurrer for a hearing at the trial term. Counsel for both sides were under the impression that the demurrer had been filed, but by inadvertence or mistake of defendant’s counsel, he omitted to file the same. No entry of default, was made on the docket. At the trial term, upon this showing, the court ruled that the case was in default, but that he would allow the defendant to open the default upon payment of the-costs. The judgment allowing the default opened is assigned as error. After argument then had upon the demurrer, the-same was sustained and the case dismissed by order of the court, to which plaintiff likewise excepts.
Judgment affirmed.