Constitution Publishing Co. v. Elliott

Court of Appeals of Georgia

Constitution Publishing Co. v. Elliott

67 Ga. App. 456

Court of Appeals of Georgia·Decided June 6, 1942·No. 29572·Published

Opinion

Felton, J.

In an action on open account against a principal debtor and his two guarantors; where the principal debtor files no answer and the case is marked in default as to him, and the guarantors answer denying the allegations of the petition, it is not error for the court to direct a verdict for the guarantors, in the absence of any proof of the account.

Judgment affirmed.

Stephens, P. J., and Sutton, J., concur. A. B. Conger, for plaintiff. Vance Custer, for defendants.

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Felton, J.

In an action on open account against a principal debtor and his two guarantors; where the principal debtor files no answer and the case is marked in default as to him, and the guarantors answer denying the allegations of the petition, it is not error for the court to direct a verdict for the guarantors, in the absence of any proof of the account.

Judgment affirmed.

Stephens, P. J., and Sutton, J., concur. A. B. Conger, for plaintiff. Vance Custer, for defendants.

Constitution Publishing Co. v. Elliott, 67 Ga. App. 456 (Ga. Ct. App. 1942).

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