Fite v. Black

17 S.E. 349, 92 Ga. 363

Opinion

Judgment affirmed.

The respondent excepted to both orders mentioned. Errors are specially assigned, in that the court should not have awarded twenty per cent, interest on the principal debt; that the rule should not have been made absolute without evidence to sustain the petition; that the recital of any admission in the answer was error, because the respondent made no admission of any kind whatever upon the hearing of the cause; and that the petition should have been dismissed for want of proof to support it, or the same should have been submitted to a jury to ascertain whether it was so sustained.

Albert S. Johnson, for plaintiff in error. Dabney & Fouché, contra.