Anderson v. Fulton County Home Builders
Supreme Court of Georgia
Equitable petition. Before Judge Ellis. Fulton superior court. January 7, 1916. Fulton County Home Builders, a corporation, brought suit against.Mrs. Anna E. Eagsdale, alleging that the defendant was indebted to petitioner on three series of notes described in the petition. These notes contained a clause accelerating maturity upon default in the payment of any one note for a longer time than thirty days after maturity.
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Equitable petition. Before Judge Ellis. Fulton superior court. January 7, 1916. Fulton County Home Builders, a corporation, brought suit against.Mrs. Anna E. Eagsdale, alleging that the defendant was indebted to petitioner on three series of notes described in the petition. These notes contained a clause accelerating maturity upon default in the payment of any one note for a longer time than thirty days after maturity. The default had occurred, and petitioner elected to treat all the notes as due, and gave the statutory notice required to collect attorney’s fees. All the notes were secured by…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The statute requires that demurrers, pleas, and answers shall be disposed of in the order named. Civil Code (1910), § 5630; Smith v. Hornsby, 70 Ga. 552. The demurrers were properly filed, and should have been disposed of before the case was taken up on the' issues made by the pleas. The failure of the defendant to appear would not authorize the dismissal of a demurrer any more than it would authorize a dismissal of his plea. The failure of a defendant to make out his plea is no cause for its dismissal. Andrews v. Andrews, 85 Ga. 276 (11 S. E. 771). The…
2Cases cited3 opinions
- Smith v. HornsbySupreme Court of Georgia · 1883
- Andrews v. AndrewsSupreme Court of Georgia · 1890
- Tripod Paint Co. v. HamiltonSupreme Court of Georgia · 1900
3Cited by21 opinions
- Stanfield v. BrewtonSupreme Court of Georgia · 1971
- Seaboard Air-Line Railway Co. v. JollySupreme Court of Georgia · 1925
- Perry v. Maryland Casualty Co.Court of Appeals of Georgia · 1960
- Caylor v. WheatSupreme Court of Georgia · 1954
- Oliver v. Fireman's InsuranceCourt of Appeals of Georgia · 1930
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