Bray v. Peace
Supreme Court of Georgia
Complaint. Before Judge Worrill. Clayton superior court.. August 27, 1907. Peace, administrator, brought suit against J. J. Bray, to -which an answer was filed by the defendant. The firm of J. J. Bray & Son, a firm composed of the defendant and another, also filed a plea, but the other partner did not become a party, nor ask to be made such. In this plea, by way of cross-action, the firm sought to recover a judgment against the plaintiff. On motion, such plea was stricken.
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Complaint. Before Judge Worrill. Clayton superior court.. August 27, 1907. Peace, administrator, brought suit against J. J. Bray, to -which an answer was filed by the defendant. The firm of J. J. Bray & Son, a firm composed of the defendant and another, also filed a plea, but the other partner did not become a party, nor ask to be made such. In this plea, by way of cross-action, the firm sought to recover a judgment against the plaintiff. On motion, such plea was stricken. After the plaintiff had made out his case, the defendant offered to testify that he bought the property for his firm,…
1Opinion of the CourtAtkinson, J.
The headnotes sufficiently deal with the case; but it will not be out of place to consider the pleadings for the purpose of showing that the plea of the defendant to which reference was made in the fifth headnote was not a plea in abatement on account of non-joinder of parties. The suit was for the purchase-price of personal property sold at administrator’s sale, which was alleged to have been bid in by the defendant, and for which *639he refused to pay. The 4th paragraph of the petition- was as follows: “Petitioner further says that at said sale one J. J. Bray, of this county, was the highest…
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