Anderson v. Hilton & Dodge Lumber Co.
Supreme Court of Georgia
Affidavit of illegality. Before Judge Lewis. Laurens superior court. July 26, 1904. The Hilton & Dodge Lumber Company foreclosed a mortgage dated August 14, 1896, on personal property in the manner provided iu the Civil Code, § 2753. The mortgagor, Anderson, defended by the counter-affidavit allowed by the Civil Code, § 2756. There were several pleas, some of which were stricken; and after the case was remanded (110 Ga. 263), the affidavit was so-amended as to charge that on…
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Affidavit of illegality. Before Judge Lewis. Laurens superior court. July 26, 1904. The Hilton & Dodge Lumber Company foreclosed a mortgage dated August 14, 1896, on personal property in the manner provided iu the Civil Code, § 2753. The mortgagor, Anderson, defended by the counter-affidavit allowed by the Civil Code, § 2756. There were several pleas, some of which were stricken; and after the case was remanded (110 Ga. 263), the affidavit was so-amended as to charge that on August 14, 1896, the Hiltou & Dodge Lumber Company sold to Anderson all the pine timber suitable for sawmill purposes…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) The objections raised by the special demurrer could have been cured by amendment. The parties have argued only the controlling question. It would be unprofitable to consider each of the many special grounds of the demurrer. We shall therefore consider only the points which the bill of exceptions indicates were involved in the decision by the trial judge. Moss v. Fortson, 99 Ga. 496.
1. A party is not obliged to set out in his pleadings the evidence on which he relies. The failure to allege that a contract is in writing raises no presumption that it exists…
2Cases cited9 opinions
- Blue v. Capital National BankIndiana Supreme Court · 1896
- Stewart v. Lanier House Co.Supreme Court of Georgia · 1886
- Draper, Moore & Co. v. Macon Dry Goods Co.Supreme Court of Georgia · 1898
- Taliaferro v. SmileySupreme Court of Georgia · 1900
- Gooden v. Moses Bros.Supreme Court of Alabama · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Grant v. HartSupreme Court of Georgia · 1941
- Atlanta Gas Light Co. v. NewmanCourt of Appeals of Georgia · 1953
- Albany Federal Savings & Loan Ass'n v. HendersonSupreme Court of Georgia · 1944
- Beasley v. PonderCourt of Appeals of Georgia · 1977
- Swindell & Co. v. Bainbridge State BankCourt of Appeals of Georgia · 1908
30 more not listed; retrieve them via the Exa API.