Burns v. Condon

Supreme Court of Georgia

Burns v. Condon

33 S.E. 907, 108 Ga. 794, 1899 Ga. LEXIS 428

CourtSupreme Court of Georgia

DecidedJuly 20, 1899

StatusPublished

Cited by3 cases

This text of 33 S.E. 907 (Burns v. Condon) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burns v. Condon, 33 S.E. 907, 108 Ga. 794, 1899 Ga. LEXIS 428 (Ga. 1899).

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Opinion

Simmons, C. J.

"Where a defendant, in his answer to a petition filed in orderly and distinct paragraphs as required by statute, denies only" the facts alleged in two paragraphs of the petition and does not undertake to deny other allegations in the petition which are entirely inconsistent with the truth of the denial set up in the answer, and the plaintiff moves to strike the answer on this ground, it is not error for the court to strike ■the answer after giving the defendant ample opportunity to amend the same. Judgment affirmed.

All the Justices concurring.

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Simmons, C. J.

"Where a defendant, in his answer to a petition filed in orderly and distinct paragraphs as required by statute, denies only" the facts alleged in two paragraphs of the petition and does not undertake to deny other allegations in the petition which are entirely inconsistent with the truth of the denial set up in the answer, and the plaintiff moves to strike the answer on this ground, it is not error for the court to strike ■the answer after giving the defendant ample opportunity to amend the same. Judgment affirmed.

All the Justices concurring.

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Bluebook (online)

33 S.E. 907, 108 Ga. 794, 1899 Ga. LEXIS 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-condon-ga-1899.

Opinion

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