Hilley v. FINANCE AMERICA CORPORATION OF GEORGIA

Court of Appeals of Georgia

Hilley v. FINANCE AMERICA CORPORATION OF GEORGIA

243 S.E.2d 587, 145 Ga. App. 284, 1978 Ga. App. LEXIS 1950

CourtCourt of Appeals of Georgia

DecidedFebruary 20, 1978

Docket55227

StatusPublished

Cited by5 cases

This text of 243 S.E.2d 587 (Hilley v. FINANCE AMERICA CORPORATION OF GEORGIA) 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.

Bluebook

Hilley v. FINANCE AMERICA CORPORATION OF GEORGIA, 243 S.E.2d 587, 145 Ga. App. 284, 1978 Ga. App. LEXIS 1950 (Ga. Ct. App. 1978).

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Opinion

Bell, Chief Judge.

Plaintiff Finance America Corp. brought this suit to recover the principal balance due on a note, plus attorney fees. The note and a letter notifying defendants that attorney fees would be sought were attached to the complaint. Defendants denied any indebtedness claiming the note was usurious and therefore void and counterclaimed for damages. The case was heard by the trial court and the following order was entered: "... upon no response by defendants and upon motion by plaintiff, judgment is rendered in favor of plaintiff. . Defendants appeal. Held:

There is a presumption of the validity of the judgment and the burden of showing the contrary is on the complaining party. Allen v. Smith, 223 Ga. 265 (154 SE2d 605). In their pleadings and brief, defendants assert that the note was usurious and void, and therefore no claim existed. There is nothing to support their contention in the record which consists only of the pleadings and the judgment. The note is regular on its face and appears.to have been drawn in compliance with the Georgia Industrial Loan Act. Code Ann. § 25-301 et seq. The burden is always on the appellant asserting error to show it affirmatively by the record. Smith v. Forrester, 132 Ga. App. 426 (208 SE2d 199). The appellants have not sustained this burden.

Judgment affirmed.

Shulmán and Birdsong, JJ., concur.

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Bell, Chief Judge.

Plaintiff Finance America Corp. brought this suit to recover the principal balance due on a note, plus attorney fees. The note and a letter notifying defendants that attorney fees would be sought were attached to the complaint. Defendants denied any indebtedness claiming the note was usurious and therefore void and counterclaimed for damages. The case was heard by the trial court and the following order was entered: "... upon no response by defendants and upon motion by plaintiff, judgment is rendered in favor of plaintiff. . Defendants appeal. Held:

There is a presumption of the validity of the judgment and the burden of showing the contrary is on the complaining party. Allen v. Smith, 223 Ga. 265 (154 SE2d 605). In their pleadings and brief, defendants assert that the note was usurious and void, and therefore no claim existed. There is nothing to support their contention in the record which consists only of the pleadings and the judgment. The note is regular on its face and appears.to have been drawn in compliance with the Georgia Industrial Loan Act. Code Ann. § 25-301 et seq. The burden is always on the appellant asserting error to show it affirmatively by the record. Smith v. Forrester, 132 Ga. App. 426 (208 SE2d 199). The appellants have not sustained this burden.

Judgment affirmed.

Shulmán and Birdsong, JJ., concur.

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243 S.E.2d 587, 145 Ga. App. 284, 1978 Ga. App. LEXIS 1950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hilley-v-finance-america-corporation-of-georgia-gactapp-1978.

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