Higginbotham v. Conway
Supreme Court of Georgia
Complaint on note. Before Judge Proffitt. City court of Elberton. November 13, 1900. To a suit on two promissory notes dated November 25, and due December 1 and 15,1898, one for $100 and the other for $308.45, the maker filed pleas which were stricken on demurrer; to which ruling he excepted. The pleas are as follows: He denies each and every allegation in the petition, save as admitted in this plea.
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Complaint on note. Before Judge Proffitt. City court of Elberton. November 13, 1900. To a suit on two promissory notes dated November 25, and due December 1 and 15,1898, one for $100 and the other for $308.45, the maker filed pleas which were stricken on demurrer; to which ruling he excepted. The pleas are as follows: He denies each and every allegation in the petition, save as admitted in this plea. During the years 1897 and 1898 defendant and plaintiff were in business together in Clarke county. Defendant went to Elberton in the fall of 1897, leaving the business in Clarke county in the…
1Opinion of the CourtLewis, J.
The reporter’s statement sufficiently sets forth the nature of this case and the character of the answer filed by the defendant. The court sustained a general demurrer to this defense. We think this was clearly error. Portions of the answer may not be able to withstand a special demurrer, but as against a general demurrer there is unquestionably enough in them to take the case to the jury. See Treadaway v. Richards, 92 Ga. 264.
Judgment reversed.
All the Justices concurring.
2Cases cited1 opinion
- Treadaway v. RichardsSupreme Court of Georgia · 1893
3Cited by7 opinions
- Harris County v. BradySupreme Court of Georgia · 1902
- Hicks v. HamiltonCourt of Appeals of Georgia · 1907
- Bailey v. BellSupreme Court of Georgia · 1952
- Tuxworth v. BarberCourt of Appeals of Georgia · 1918
- Short v. JordanCourt of Appeals of Georgia · 1928
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