Wolfe v. Citizens Bank
Court of Appeals of Georgia
Complaint; from city court of Dublin — Judge Flynt. July 19, 1920. Application for certiorari was denied by the Supreme Court. The Citizens Bank of Dublin sued J. A. Wolfe, maker of a promissory note, alleging that the note was made payable to the order of the City National Bank of Dublin, and by it indorsed and transferred to the petitioner.
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Complaint; from city court of Dublin — Judge Flynt. July 19, 1920. Application for certiorari was denied by the Supreme Court. The Citizens Bank of Dublin sued J. A. Wolfe, maker of a promissory note, alleging that the note was made payable to the order of the City National Bank of Dublin, and by it indorsed and transferred to the petitioner. The defendant, in a plea filed at the appearance term, admitted the execution of the note sued on, and alleged that the plaintiff was the successor of the City National Bank, a banking corporation under the laws of the United States, and, as the…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) 1. The objection that there was no order of the court allowing the amendment to the plea to be filed at the first term was too late, having been made for the first time in this court. In Smith v. West, 134 Ga. 11 (67 S. E. 405), the court says: "In specifying the parts of the record to be sent up to this court the additional answer is mentioned . . It is too late for the defendant in error for the first time in his brief filed in this court to raise the point that this amendment was not duly allowed and therefore cannot be considered. ”
2. Should the trial…
2Cases cited3 opinions
- Zeigler v. ScottSupreme Court of Georgia · 1851
- Angier v. SmithSupreme Court of Georgia · 1897
- Smith v. WestSupreme Court of Georgia · 1910
3Cited by1 opinion
- In re Hotel Equipment Co.District Court, N.D. Georgia · 1924