Owens v. Parker
Court of Appeals of Georgia
■Attachment; from city court of Tifton — Judge Eve. July 34, 1909. The note sued on was for $75, and was payable to Parker & Hook, the plaintiffs.
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■Attachment; from city court of Tifton — Judge Eve. July 34, 1909. The note sued on was for $75, and was payable to Parker & Hook, the plaintiffs. The plea referred to in the first division of the decision was as follows: “And defendants, for further plea in said cause, deny that they are indebted to the plaintiffs in any sum whatever, but on the contrary, the plaintiffs are indebted to these defendants in the sum of $75. Defendants say that the note made by them to the said Parker & Hook was given for the difference in a mule trade, that the mule that the defendants sold the plaintiffs was…
1Opinion of the Court
Russell, 'J.
1. The court erred in striking, on motion' of the plaintiffs, that portion of the defendants’ plea which set up fraud and misrepresentation as to the mule sold to them by the plaintiffs, and which alleged a failure of consideration because of the worthlessness of the mule.
2. By reason of this error the verdict and! the proceedings amendatory thereof were nugatory.
3. It was not error to overrule the defendants’ demurrer. Even if the attachment and the levy thereof had failed for defects, the plaintiffs might recover a general judgment on the declaration, of which notice had been…
2Cases cited5 opinions
- Bullard v. BrewerSupreme Court of Georgia · 1903
- Branan v. LeeCourt of Appeals of Georgia · 1908
- Cade v. JenkinsSupreme Court of Georgia · 1892
- Fleming v. SatterfieldCourt of Appeals of Georgia · 1908
- Turnell v. CarterCourt of Appeals of Georgia · 1909
3Cited by2 opinions
- Land v. HallCourt of Appeals of Georgia · 1933
- Hawkins v. HaynesCourt of Appeals of Georgia · 1929