Moore Ford Co. v. Cambron

Court of Appeals of Georgia

Moore Ford Co. v. Cambron

157 S.E.2d 504, 116 Ga. App. 365, 1967 Ga. App. LEXIS 815

CourtCourt of Appeals of Georgia

DecidedSeptember 22, 1967

Docket43010

StatusPublished

Cited by1 cases

This text of 157 S.E.2d 504 (Moore Ford Co. v. Cambron) 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

Moore Ford Co. v. Cambron, 157 S.E.2d 504, 116 Ga. App. 365, 1967 Ga. App. LEXIS 815 (Ga. Ct. App. 1967).

Pincite

Opinion

Felton, Chief Judge.

The motion to dismiss, on the ground that appellant had not paid all costs or filed a pauper’s affidavit prior to the timely transmission of the record, is denied. See City of Atlanta v. Akins, 116 Ga. App. 230 (1) (156 SE2d 665); American Cas. Co. v. Smith, 116 Ga. App. 332 (1).

The petition as amended shows that the plaintiff exercised its power of sale prior to the effective date of the reassignment of the contract to it. Whether this action may have constituted a trespass, as contended, the question could only be raised by a plea. The petition states a cause of action against the defendant on account of his default on the contract, regardless of who had the power to foreclose. The remaining demurrers are without merit.

The court erred in its judgment sustaining the renewed general demurrer to the petition as amended.

Judgment reversed.

Hall and Eberhardt, JJ., concur.

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