Adams v. Holland
Supreme Court of Georgia
Appeal. Before Judge Reese. Elbert superior court. March term, 1896. On August 10, 1895, Holland brought suit against Mrs. Adams upon a promissory note under seal, dated April 28, 1876, and due one day after date, with interest at one per cent, per month, for the principal sum of $84.82, less a credit of $8.20, dated November 3, 1876. The defendant pleaded the general issue; and also filed pleas of payment and set-off, which upon demurrer were stricken.
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Appeal. Before Judge Reese. Elbert superior court. March term, 1896. On August 10, 1895, Holland brought suit against Mrs. Adams upon a promissory note under seal, dated April 28, 1876, and due one day after date, with interest at one per cent, per month, for the principal sum of $84.82, less a credit of $8.20, dated November 3, 1876. The defendant pleaded the general issue; and also filed pleas of payment and set-off, which upon demurrer were stricken. This ruling controlled the case, and formed the basis of a motion for new trial, which was overruled. These pleas allege, that defendant has…
1Opinion of the CourtLittle, J.
The facts are set out in the preceding report.
1. The bill of exceptions recites that two pleas which were filed by the defendant, one of set-off and the other of payment, were stricken on demurrer. The two pleas as originally filed were each, by leave of the court, amended; and as amended the plea of payment was, as against a general demurrer, good. *45The plea of set-off was an imperfect plea and was properly-stricken. An examination of the record shows that the demurrer which was filed by the plaintiff was confined to the plea of set-off, and that the plea of payment was not demurred to, and…
2Cases cited4 opinions
- Gunn v. GunnSupreme Court of Georgia · 1885
- Dismuke v. TrammellSupreme Court of Georgia · 1879
- Flournoy & Epping v. WootenSupreme Court of Georgia · 1883
- Madden v. BlainSupreme Court of Georgia · 1880
3Cited by8 opinions
- Southern Railway Co. v. FlemisterSupreme Court of Georgia · 1904
- Turner v. DavidsonSupreme Court of Georgia · 1939
- Wagener v. SteeleSupreme Court of Georgia · 1903
- Bank of Blakely v. BuchannonCourt of Appeals of Georgia · 1913
- Marks v. Maxwell Bros. Furniture Co.Court of Appeals of Georgia · 1935
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