Wiggins & Parker v. McCalla

Court of Appeals of Georgia

Wiggins & Parker v. McCalla

93 S.E. 231, 20 Ga. App. 739, 1917 Ga. App. LEXIS 1064

CourtCourt of Appeals of Georgia

DecidedAugust 3, 1917

Docket8859

StatusPublished

Cited by3 cases

This text of 93 S.E. 231 (Wiggins & Parker v. McCalla) 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

Wiggins & Parker v. McCalla, 93 S.E. 231, 20 Ga. App. 739, 1917 Ga. App. LEXIS 1064 (Ga. Ct. App. 1917).

Pincite

Opinion

Bboyles, P. J.

1. The facts of the ease do not show that the trial judge abused his discretion in calling it out of its regular order on the calendar, it appearing that it was called on the day' on which it was assigned for trial.

2. In a suit where the petition alleges that the defendant is a partnership, and_ there is no special plea of no partnership, it is not ineumbent upon the plaintiff to prove the fact of partnership. Civil Code (1910), § 3166. ’

(a) A plea which merely “denies” that paragraph of the petition which alleges the fact of partnership is insufficient as a plea of no partnership. Crockett v. Garrard, 4 Ga. App. 360 (2 d) (61 S. E. 552).

3. The verdict.was authorized by the evidence, and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Jenkins and Bloodworth, JJ., concur.

Complaint; from Liberty superior court—Judge Sheppard. March 24, 1917.

O. G. Darsey, for plaintiffs in error. Ben. A. Way, 8. B. Brewton, contra.

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