Smith v. Hodges
Court of Appeals of Georgia
Complaint; from city court of Sandersville — Judge E. W. Jordan. February 19, 1910.
1Opinion of the CourtPowell, J.
1. The evidence is such as to sustain the verdict.
2. Under the practice in this State, even though the defendant files affirmative pleas, the plaintiff is not obliged to file a replication in order to introduce evidence tending to contradict or to avoid the matter uset up in the pleas. The evidence admitted in this case was not objectionable on the ground that there was no pleading to authorize it. It was circumstantial in its nature, and tended to raise an inference contradictory of the matters pleaded by the defendant.
8. While a plea of total failure of consideration includes also, by…
2Cited by8 opinions
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- Herrington v. HerringtonCourt of Appeals of Georgia · 1944
- Hartman v. Citizens Bank & Trust Co.Court of Appeals of Georgia · 1933
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