Mitchem v. Allen
Supreme Court of Georgia
Complaint. Before Judge Lewis. Morgan superior court. July -5, 1906. Allen & Barrow brought suit against Charles E. Mitchem, based on an open account for goods furnished to the defendant. He answered, that “he now owes plaintiffs nothing, nor did he at the time of the filing of this suit; and of this he puts himself upon the country.”
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Complaint. Before Judge Lewis. Morgan superior court. July -5, 1906. Allen & Barrow brought suit against Charles E. Mitchem, based on an open account for goods furnished to the defendant. He answered, that “he now owes plaintiffs nothing, nor did he at the time of the filing of this suit; and of this he puts himself upon the country.” He further alleged, that when the firm’ of Allen & Barrow was formed, he indorsed a note in bank for Allen, and with the money derived therefrom the latter purchased' a half interest in a business then owned by one Stovall, Barrow purchasing the other-half, and…
1Opinion of the Court
Lumpkin, ¿T.
(After stating the foregoing facts.)
1. Error was assigned because the court allowed counsel for the plaintiffs to open and conclude the argument. The answer not only set up an affirmative plea, but denied the plaintiffs’ allegation that the defendant was indebted to them; and as to this issue “he put himself upon the country.” Moreover, he did not assume the burden of proof, but allowed the plaintiffs to proceed to make out thq^r case, introduced evidence in his own behalf, and then claimed the right to the opening and conclusion of the argument. This claim was properly denied.…
2Cases cited2 opinions
- Reid v. SewellSupreme Court of Georgia · 1900
- Southern Railway Co. v. GreshamSupreme Court of Georgia · 1901
3Cited by5 opinions
- Culver v. WoodSupreme Court of Georgia · 1912
- Payne v. ThebautSupreme Court of Georgia · 1935
- Baird v. HillSupreme Court of Georgia · 1913
- Fletcher v. McMillanSupreme Court of Georgia · 1909
- Eskind v. Southern Trust CompanyCourt of Appeals of Kentucky (pre-1976) · 1930