Craig v. Pope
Supreme Court of Georgia
Practice. Pleading. Before Judge Hopkins. Fulton Superior Court. Craig brought assumpsit against Pope on an express contract. The defendant filed a plea of the general issue, under *oath. When the case was called for trial, the defendant withdrew the plea which had been entered, and filed the same plea not under oath.
Read the full summary
Practice. Pleading. Before Judge Hopkins. Fulton Superior Court. Craig brought assumpsit against Pope on an express contract. The defendant filed a plea of the general issue, under *oath. When the case was called for trial, the defendant withdrew the plea which had been entered, and filed the same plea not under oath. Counsel for plaintiff then proposed to treat the case as in default, and on proof of the allegations in the declaration, that the Court should enter up judgment. The Court refused to allow this, but on the contrary, ruled that it would try the case, and that plaintiff and…
1Opinion of the Court
McCay, Judge.
The Constitution of 1868, Article V., section 3, paragraph 3, says: “The Court shall render judgment without the verdict of a jury in all civil cases founded on contract, where an issuable *413defense is not filed on oath.” It is significant on the point now under consideration that the language used is not that the Court shall try, without the intervention of a jury, such cases, but that the Court shall give judgment without the verdict of a jury. It does not seem to have been contemplated there should be á trial. Taking the language literally, and without reference to the previous…
2Cited by2 opinions
- Bowman v. WinnCourt of Appeals of Georgia · 1915
- Union Mutual Ass'n v. CooperCourt of Appeals of Georgia · 1913