Lunsford v. Howe

1. In an action to recover $50, allegedly loaned by the plaintiff to the defendant, where the defendant denied two of the four-paragraphs of the petition, when the answer was stricken on demurrer, the ease was in default, and the plaintiff was entitled to a directed verdict. Pape v. Woolford Realty Co., 35 Ga. App. 284 (134 S. E. 174), and cit.; Pierce v. Jones, 30 Ga. App. 561 (137 S. E. 296); Hayes v. International Harvester Co., 52 Ga. App. 328 (183 S. E. 197).

2. Where in such a case a verdict was directed for the plaintiff, it was error to grant a new trial, the verdict being demanded.

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