Jones v. Georgia Finance Co.

Court of Appeals of Georgia

Jones v. Georgia Finance Co.

131 S.E.2d 787, 107 Ga. App. 875, 1963 Ga. App. LEXIS 1010

CourtCourt of Appeals of Georgia

DecidedMay 23, 1963

Docket40086

StatusPublished

This text of 131 S.E.2d 787 (Jones v. Georgia Finance Co.) 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

Jones v. Georgia Finance Co., 131 S.E.2d 787, 107 Ga. App. 875, 1963 Ga. App. LEXIS 1010 (Ga. Ct. App. 1963).

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Opinion

Carlisle, Presiding Judge.

Plaintiff (defendant in error) filed a suit against the defendant (plaintiff in error), in a justice court upon an unconditional contract in writing, to which defendant filed a plea setting up his discharge in bankruptcy. The case came on regularly to be tried and neither defendant nor his counsel appeared. Upon motion of the plaintiff, the justice of the peace entered a judgment in which he “overruled and dismissed” the plea in bankruptcy and then entered a judgment for the plaintiff and against the defendant. Held:

Whether or not the plea of discharge in bankruptcy was subject to dismissal for failure of proof in support thereof or for lack of prosecution, see Andrews v. Andrews, 85 Ga. 276 (1) (11 SE 771), Yancey v. Karwisch, 129 Ga. 788 (1) (59 SE 777), in the absence of any proof upon the trial to sustain the plea of discharge in bankruptcy, the burden of proof being upon the defendant to do so, Williams v. First Nat. Bank, 21 Ga. App. 182 (1) (94 SE 73), Whitley v. Jackson, 34 Ga. App. 283 (2) (129 SE 294), Riggs v. Kinney, 37 Ga. App. 307, 308 (140 SE [876]*87641), the plaintiff was entitled to a judgment upon the unconditional contract.

Decided May 23, 1963 Rehearing denied May 31, 1963. Howard T. Oliver, Jr., for plaintiff in error. Smith & Smith, Douglas E. Smith, contra.

Judgment affirmed.

Bell and Hall, JJ., concur.

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Carlisle, Presiding Judge.

Plaintiff (defendant in error) filed a suit against the defendant (plaintiff in error), in a justice court upon an unconditional contract in writing, to which defendant filed a plea setting up his discharge in bankruptcy. The case came on regularly to be tried and neither defendant nor his counsel appeared. Upon motion of the plaintiff, the justice of the peace entered a judgment in which he “overruled and dismissed” the plea in bankruptcy and then entered a judgment for the plaintiff and against the defendant. Held:

Whether or not the plea of discharge in bankruptcy was subject to dismissal for failure of proof in support thereof or for lack of prosecution, see Andrews v. Andrews, 85 Ga. 276 (1) (11 SE 771), Yancey v. Karwisch, 129 Ga. 788 (1) (59 SE 777), in the absence of any proof upon the trial to sustain the plea of discharge in bankruptcy, the burden of proof being upon the defendant to do so, Williams v. First Nat. Bank, 21 Ga. App. 182 (1) (94 SE 73), Whitley v. Jackson, 34 Ga. App. 283 (2) (129 SE 294), Riggs v. Kinney, 37 Ga. App. 307, 308 (140 SE [876]*87641), the plaintiff was entitled to a judgment upon the unconditional contract.

Decided May 23, 1963 Rehearing denied May 31, 1963. Howard T. Oliver, Jr., for plaintiff in error. Smith & Smith, Douglas E. Smith, contra.

Judgment affirmed.

Bell and Hall, JJ., concur.

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Bluebook (online)

131 S.E.2d 787, 107 Ga. App. 875, 1963 Ga. App. LEXIS 1010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-georgia-finance-co-gactapp-1963.

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