Jelks v. Wesleyan Female College
Court of Appeals of Georgia
Complaint; from Bibb superior court—Judge Mathews. July-24, 1917. ‘ ■ Wesleyan Female College sued Mrs. Jelks on a promissory note for $8,300 and interest, payable to the plaintiff and secured by her deed to certain realty. In her answer she denied indebtedness on the note.
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Complaint; from Bibb superior court—Judge Mathews. July-24, 1917. ‘ ■ Wesleyan Female College sued Mrs. Jelks on a promissory note for $8,300 and interest, payable to the plaintiff and secured by her deed to certain realty. In her answer she denied indebtedness on the note. She admitted having signed “a certain promissory note which was probably in the amount sued for,” but alleged that at the time of signing it she did not know that the note was payable to Wesleyan Female College, the payee not being named. She admitted that she signed the security deed, but alleged that she was not advised…
1Opinion of the CourtBloodworth, J.
1. The court did not err in sustaining the demurrer to the plea.
2. The plea having been stricken, the paragraphs of the petition were left undenied; and as they were properly.paragraphed and the averments therein were “distinctly and plainly made,” it was not necessary to submit proof of them. Civil Code (1910), §§ 5538, 5539, 5662; Jester v. Bainbridge State Bank, 4 Ga. App. 469 (5), 475 (61 S. E. 926); Ney v. Clere Clothing Co., 5 Ga. App. 325 (2) (63 S. E. 143); Methodist Episcopal Church v. Dudley Sash &c. Co., 137 Ga. 68 (4), 69 (72 S. E. 480).
3. The defendant’s plea having been…
2Cases cited21 opinions
- Morris v. Georgia Loan, Savings & Banking Co.Supreme Court of Georgia · 1899
- Johnson v. Leffler Co.Supreme Court of Georgia · 1905
- Mercer v. MorganSupreme Court of Georgia · 1911
- Central Railroad v. PhillipsSupreme Court of Georgia · 1893
- Sloan v. Farmers & Merchants BankCourt of Appeals of Georgia · 1917
16 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Pape v. Woolford Realty Co.Court of Appeals of Georgia · 1926