Adamson v. Reagin
Court of Appeals of Georgia
Complaint; from city court of Carrollton — Judge Beall. March 28, 1914. The question certified to the Supreme Court was: “Do the provisions of § 5642 of the Civil Code of 1910 apply to a plea of non est factum (which section 5650 of the code requires to be accompanied by an affidavit of its truth), so as to permit an attorney at law of a defendant who does not reside in the county in which suit is pending to make oath to a plea of non est factum to the best of his knowledge…
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Complaint; from city court of Carrollton — Judge Beall. March 28, 1914. The question certified to the Supreme Court was: “Do the provisions of § 5642 of the Civil Code of 1910 apply to a plea of non est factum (which section 5650 of the code requires to be accompanied by an affidavit of its truth), so as to permit an attorney at law of a defendant who does not reside in the county in which suit is pending to make oath to a plea of non est factum to the best of his knowledge and belief only?"
1Opinion of the CourtRussell, C. J.
1. Under the ruling of the Supreme Court in this ease (143 Ga. 306, 85 S. E. 965), in response to the certified question propounded by this court, the trial court properly permitted an attorney at law of the defendant, who did not live in the county in which the suit was pending, to make oath to a plea of non est factum to the best of his knowledge and belief, and therefore properly refused to strike *127the plea as amended by the affidavit of the attorney of the non-resident defendant.
Decided September 22, 1915. Complaint; from city court of Carrollton — Judge Beall. March 28, 1914. The question…
2Cases cited2 opinions
- Martin v. Lamb & Co.Supreme Court of Georgia · 1887
- Adamson v. ReaginSupreme Court of Georgia · 1915
3Cited by1 opinion
- Stidham v. Tanner Grocery Co.Court of Appeals of Georgia · 1933