Adamson v. Reagin
Supreme Court of Georgia
The Court of Appeals certified to the Supreme Court (in Case No. 5686) the following question: “Do the provisions of § 5642 of the Civil Code of 1910 apply to a plea of non est factum (which § 5650 of the code requires to be accompanied by an affidavit of its truth), so as to permit an attorney at law of a defendant who does not reside in the county in which the suit is pending to make oath to a plea of non est factum to the best of his knowledge and belief only ?”
1Opinion of the CourtLumpkin, J.
By the Civil Code (1910), § 5650, it is declared: “No person shall, in his plea or answer, be permitted to deny any deed, bill-single or penal bond, note, draft, receipt, order, or other instrument in writing, which is the foundation of the action, unless he shall make affidavit of the truth of such plea or answer at the time of filing the same.” The provisions of this section originated in the act of 1799. Cobb’s Digest, 486. It was held that an affidavit to a plea of non est factum, stating that it was true to the best of defendant’s “remembrance,” was insufficient. Moore v. *307Morris, 26 Ga.…
2Cases cited6 opinions
- Martin v. Lamb & Co.Supreme Court of Georgia · 1887
- Plant & Son v. Mutual Life InsuranceSupreme Court of Georgia · 1893
- Colquitt v. Mercer & DeGraffenreidSupreme Court of Georgia · 1871
- Moore v. MorrisSupreme Court of Georgia · 1859
- Fowler v. Hate City National BankSupreme Court of Georgia · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Adamson v. ReaginCourt of Appeals of Georgia · 1915