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Simmons Furniture & Lumber Co. v. Reynolds

69 S.E. 913, 135 Ga. 595, 1911 Ga. LEXIS 16
Supreme Court of Georgia·Decided January 11, 1911·Published·Cited by 14 cases

Opinion

Beck, J.

1. Where a suit was brought on a promissory note, and a plea was filed which was insufficient, as, in substance, it was nothing more than a plea of the general issue, but no attack was made upon the plea by demurrer or motion to strike at the appearance term, and the court entered upon the docket, “May 14, 1909, Ans.,” the court should not at the next term have refused to allow the filing of a plea which was offered as an amendment to that previously filed, and to which no other objection was raised except that “there, was nothing to amend by.”

2. No question was raised in the court below as to the merits or sufficiency of the plea offered as an amendment, and that question is not now adjudicated.

Judgment reversed.

All the Justices concur, except Wish, O. J., absent.

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Simmons Furniture & Lumber Co. v. Reynolds, 69 S.E. 913, 135 Ga. 595, 1911 Ga. LEXIS 16 (Ga. 1911).

69 S.E. 913 (Simmons Furniture & Lumber Co. v. Reynolds) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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