Heyward v. Field Bros.
Supreme Court of Georgia
Appeal. Before Judge Milner. Bartow superior «court. January term, 1894. Suit was brought to the April term, 1892, of a justice’s court. The names of attorneys for plaintiffs and for defendant were entered on the docket, and the case was continued to the November term, 1892, by defendant, for providential cause. She filed a plea on November 8, 1892. The case was appealed to the superior •court.
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Appeal. Before Judge Milner. Bartow superior «court. January term, 1894. Suit was brought to the April term, 1892, of a justice’s court. The names of attorneys for plaintiffs and for defendant were entered on the docket, and the case was continued to the November term, 1892, by defendant, for providential cause. She filed a plea on November 8, 1892. The case was appealed to the superior •court. Plaintiffs there moved to strike the plea, upon the ground that the same was not filed at the term of the justice’s court to which the suit was returnable. 'The motion was sustained, and defendant…
1Opinion of the Court
Atkinson, Justice.
In the case of McCall v. Tufts, reported in the 85 Gra. 619, it was decided that when a suit is brought in a iustice’s court upon an unconditional contract in writing, if there be a defense thereto it must be filed at the first term; that if not filed at that term, the defendant loses his right to make any defense to the suit. This decision was based upon an act approved September 26th, 1883 (see Acts of 1882-3, p. 103), and in that decision this act was construed as requiring that a plea *715should be filed, and it was accordingly held that a plea could not be filed in a…
2Cited by6 opinions
- Montgomery v. FoucheSupreme Court of Georgia · 1906
- Morgan v. PriorSupreme Court of Georgia · 1900
- Barnes v. CokerSupreme Court of Georgia · 1900
- Brierton v. SmithCourt of Appeals of Georgia · 1909
- Smith v. ChiversCourt of Appeals of Georgia · 1909
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