Wheless v. Hammond

Court of Appeals of Georgia

Wheless v. Hammond

87 S.E. 1088, 17 Ga. App. 644, 1916 Ga. App. LEXIS 830

CourtCourt of Appeals of Georgia

DecidedFebruary 17, 1916

Docket6516

StatusPublished

This text of 87 S.E. 1088 (Wheless v. Hammond) 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

Wheless v. Hammond, 87 S.E. 1088, 17 Ga. App. 644, 1916 Ga. App. LEXIS 830 (Ga. Ct. App. 1916).

Pincite

Opinion

Russell, C. J.

The defendant having admitted the execution of the note sued on, and his refusal to pay the note, it was necessary, in order to absolve himself from liability thereon, that some such plea as is contemplated by law be filed under oath in defense to the action. The answer as filed and the amendment thereto were so indefinite as to the matters set up that it was not error to sustain the demurrers thereto. And the defendant’s purported defense having been stricken, the entering of the judgment in favor of the plaintiff was not error.

Judgment affirmed.

Complaint; from city court of Savannah — Judge Davis Freeman. March 1, 1915.

Wilson & Rogers, for plaintiff in error. Anderson, Gann é Gann, contra.

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Russell, C. J.

The defendant having admitted the execution of the note sued on, and his refusal to pay the note, it was necessary, in order to absolve himself from liability thereon, that some such plea as is contemplated by law be filed under oath in defense to the action. The answer as filed and the amendment thereto were so indefinite as to the matters set up that it was not error to sustain the demurrers thereto. And the defendant’s purported defense having been stricken, the entering of the judgment in favor of the plaintiff was not error.

Judgment affirmed.

Complaint; from city court of Savannah — Judge Davis Freeman. March 1, 1915.

Wilson & Rogers, for plaintiff in error. Anderson, Gann é Gann, contra.

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Bluebook (online)

87 S.E. 1088, 17 Ga. App. 644, 1916 Ga. App. LEXIS 830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheless-v-hammond-gactapp-1916.