Mutual Fertilizer Co. v. Henderson
Court of Appeals of Georgia
Motion to set aside judgment; from city court of Ashbúrn— Judge Tipton. January 24, 1916.
1Opinion of the CourtBroyles, J.
1. The presumption that an instrument was made on the day of its date is not conclusive, and may be overcome by parol evidence that it was in fact made on another date.
2.- The Mutual Fertilizer Company obtained judgment on a promissory note against S. M. Apperson, defendant, and A. H. Henderson, garnishee. Afterwards Henderson made a motion to set aside the judgment rendered against him for the alleged reason that, at the time the affidavit for garnishment was made, no suit was pending in court or had been commenced against the defendant Apperson, it so appearing from the papers in the main…
2Cited by8 opinions
- Pazol v. CITIZENS NATIONAL BANK.Court of Appeals of Georgia · 1964
- Irwin v. DaileySupreme Court of Georgia · 1961
- Wiggins v. First Mutual Building & Loan Ass'nSupreme Court of Georgia · 1934
- Apperson v. Mutual Fertilizer Co.Supreme Court of Georgia · 1918
- Rager v. Maxon Shirt CompanySupreme Court of Georgia · 1954
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