Legal Opinion

Scott v. Anderson

Court of Appeals of Georgia

Decided February 8, 1923No. 13421Published

Certiorari; from Bibb superior court-—-Judge Mathews. February 35, 1933.

1Opinion of the CourtStephens, J.

1. A plea of payment, or of an accord and satisfaction, is insufficient and subject to special demurrer when it does not allege with reasonable certainty the time and place of payment, but alleges only that a certain amount in accord and satisfaction was agreed upon and paid. Wortham v. Sinclair, 98 Ga. 173 (25 S. E. 414); Smith v. Mechanics National Bank, 108 Ga. 211 (33 S. E. 857).

2. The judge of the superior court did not err in refusing to sanction a petition for certiorari which complained of the verdict and judgment only upon the ground that the trial judge erred in striking such a plea…

2Cases cited2 opinions

  1. Wortham v. SinclairSupreme Court of Georgia · 1896
  2. Smith & Co. v. Mechanics National BankSupreme Court of Georgia · 1899

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