Tate v. Little

A suit was brought in the superior court on a promissory note for $700 principal, and interest, the note containing a stipulation for the payment of reasonable attorney’s fees. At the first term of court, the attorney for the defendant lodged''in the office of the clerk of the superior court an answer which denied each of the two paragraphs contained in the petition, but this answer was not verified, or marked by the clerk “filed in office.” At the trial term, on motion of the plaintiff’s attorney, the presiding judge, without a jury, rendered a judgment for the principal and interest due on…