Smith v. Chivers

Court of Appeals of Georgia

Smith v. Chivers

64 S.E. 493, 6 Ga. App. 154, 1909 Ga. App. LEXIS 220

CourtCourt of Appeals of Georgia

DecidedMay 4, 1909

Docket1559

StatusPublished

Cited by3 cases

This text of 64 S.E. 493 (Smith v. Chivers) 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

Smith v. Chivers, 64 S.E. 493, 6 Ga. App. 154, 1909 Ga. App. LEXIS 220 (Ga. Ct. App. 1909).

Pincite

Opinion

Hill, C. J.

1. The defendant in a justice’s court, when sued on an unconditional contract in writing, must appear and make his defense at the-first term, either by pleading or by the marking of his name, or that of his attorney, on the docket. Civil Code, §4134; Heyward v. Field, 95 Ga. 714 (22 S. E. 653); Morgan v. Prior, 110 Ga. 791 (36 S. E. 75).

2. When no defense whatever is made at or before the first term to a suit, in a justice’s court on an unconditional contract in writing, no plea can be filed on an appeal to a jury from the judgment rendered in favor of the plaintiff. The justice did not err in dismissing the appeal.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Hill, C. J.

1. The defendant in a justice’s court, when sued on an unconditional contract in writing, must appear and make his defense at the-first term, either by pleading or by the marking of his name, or that of his attorney, on the docket. Civil Code, §4134; Heyward v. Field, 95 Ga. 714 (22 S. E. 653); Morgan v. Prior, 110 Ga. 791 (36 S. E. 75).

2. When no defense whatever is made at or before the first term to a suit, in a justice’s court on an unconditional contract in writing, no plea can be filed on an appeal to a jury from the judgment rendered in favor of the plaintiff. The justice did not err in dismissing the appeal.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

64 S.E. 493, 6 Ga. App. 154, 1909 Ga. App. LEXIS 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-chivers-gactapp-1909.

Opinion

Related

Cite This Page — Counsel Stack