Beasley Motor Co. v. Cowart

1. Where a defendant has pleaded matter which tends only to defeat the plaintiff’s cause of action, and does not ask for the recovery of money or relief against the plaintiff, and the plaintiff fails to appear and prosecute his ease, it is error to allow the defendant to prove his defense and to take a verdict in his favor, and thus procure an adjudication that the plaintiff should not recover. Woodall v. Exposition Colton Mills, 31 Ga. App. 269 (2) (120 S. E. 423); Bateman v. Smith Gin Co., 98 Ga. 219 (25 S. E. 422); Green v. Green, 138 Ga. 581 (2) (75 S. E. 603); Evans v. Sheldon, 69 Ga.…