Constitution Publishing Company v. Elliott

Court of Appeals of Georgia

Constitution Publishing Company v. Elliott

20 S.E.2d 860, 67 Ga. App. 456, 1942 Ga. App. LEXIS 445

CourtCourt of Appeals of Georgia

DecidedJune 6, 1942

Docket29572.

StatusPublished

This text of 20 S.E.2d 860 (Constitution Publishing Company v. Elliott) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Constitution Publishing Company v. Elliott, 20 S.E.2d 860, 67 Ga. App. 456, 1942 Ga. App. LEXIS 445 (Ga. Ct. App. 1942).

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Opinion

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.

DECIDED JUNE 6, 1942. *Page 457

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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.

DECIDED JUNE 6, 1942. *Page 457

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Bluebook (online)

20 S.E.2d 860, 67 Ga. App. 456, 1942 Ga. App. LEXIS 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/constitution-publishing-company-v-elliott-gactapp-1942.