Columbia Drug Co. v. Goodman

46 S.E. 647, 119 Ga. 474, 1904 Ga. LEXIS 241

Opinion

Fish, P. J.

Where suit was brought, in a county court, upon an open account properly sworn to by the plaintiff, the judge erred in refusing to strike, on plaintiff’s motion, a plea of payment which was not verified (Acts 1901, p. 55) ; and a certiorari assigning error upon such a ruling should have been sustained.

Judgment reversed.

All the Justices concur, except Simmons, G. J., absent.