Jenkins v. German Lutheran Congregation
Supreme Court of Georgia
Equity. Mortgage. Contracts. Pleadings. Before Judge Tompkins. Effingham Superior Court. November Term, 1876. Reported in the opinion.
1Opinion of the Court
Jackson, Judge.
The German Lutheran Congregation of Effingham County proceeded to foreclose their mortgage against Jenkins. He defended by filing the plea set out in the head-note to this *126case. Tlie court, on demurrer, struck tlie plea, and Jenkins excepted.
¥e think that the circuit court did right. The plea amounts to nothing but ignorance of the law, and the Code of Georgia, following the old maxim, ignorcmtia legis neminem exeusat, makes such a plea bad, and so it has beeii often ruled by this court. Code, §3121; 7 Ga., 70, and following cases.
It is true that the party here attempted to set…
2Cases cited5 opinions
- Culbreath v. CulbreathSupreme Court of Georgia · 1849
- Adams v. GuerardSupreme Court of Georgia · 1860
- Scofield v. McNaughtSupreme Court of Georgia · 1874
- Lowery v. DavidsonSupreme Court of Georgia · 1871
- Gilmore v. MurphySupreme Court of Georgia · 1876
3Cited by4 opinions
- Callan Court Co. v. Citizens & Southern National BankSupreme Court of Georgia · 1937
- Walker v. WalkerSupreme Court of Georgia · 1913
- Taranto v. RichardsonCourt of Appeals of Georgia · 1935
- American Surety Co. v. GrooverCourt of Appeals of Georgia · 1941