Federal Land Bank v. Shingler

157 S.E. 911, 43 Ga. App. 92, 1931 Ga. App. LEXIS 193

Opinion

Bboyles, C. J.

1. The transfer of this case by the Supreme Court to this court is tantamount to a ruling that it is not a case in equity.

2. Under the agreed statement of facts and the evidence adduced upon the trial, the plaintiff bank had no cause of action at law against the defendants; and the trial judge, sitting, by consent, without the inter vention of a jury, did not err in rendering judgment in favor of the principal defendant, and in refusing to render judgment against the other defendant, a corporation, which had filed no defense to the suit, but which was not a resident of the county in which the suit was filed and tried.

Decided March 31, 1931. N. L. Stapleton, Harry D. Reed, for plaintiff. C. E. Hay, J. T. Q-oree, J. A. Drake, for defendants.

Judgment affirmed,

Luke and Bloodworth, JJ., concur.