Legal Opinion

Lee v. Hightower

Court of Appeals of Georgia

Decided December 9, 1907No. 697PublishedCited by 2 opinions

Complaint, from city court of Dublin — M. H. Blackshear, judge pro hac vice. June 27, 1907.

1Opinion of the CourtRusstdll, J.

Hightower sued Lee on a promissory note. The court refused to allow the amendment which the defendant offered, to his plea, struck the plea of the defendant already of file, and entered judgment as in case of default, in favor of the plaintiff, for principal, interest, attorney’s fees, and costs. We are satisfied that the court erred in both rulings. The judgment must therefore be set aside, the amendment of the defendant be allowed, and a new trial be had.

The note sued upon, so far as now material, is as follows:

*227“$125.00. Dublin, Ga., Dee. 14, 1904. On or before the 14th •day of March…

2Cases cited5 opinions

  1. Parr v. EricksonSupreme Court of Georgia · 1902
  2. Smith v. WoodSupreme Court of Georgia · 1900
  3. Hatcher & Co. v. National Bank of ChambersburgSupreme Court of Georgia · 1888
  4. Walters v. PalmerSupreme Court of Georgia · 1900
  5. Hatcher & Co. v. First National Bank of MechanicsburgSupreme Court of Georgia · 1888

3Cited by2 opinions

  1. Hunt v. McKinneyCourt of Appeals of Georgia · 1912
  2. Ferguson v. Bank of DawsonSupreme Court of Georgia · 1934

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