Culver v. Wood
Supreme Court of Georgia
Mortgage foreclosure. Before Judge Rawlings. Johnson superior court. March 14, 1911. J. S. Wood & Brother foreclosed certain chattel mortgages against Mrs. D. P. Culver and her husband, W. L. Culver.
Read the full summary
Mortgage foreclosure. Before Judge Rawlings. Johnson superior court. March 14, 1911. J. S. Wood & Brother foreclosed certain chattel mortgages against Mrs. D. P. Culver and her husband, W. L. Culver. An affidavit of illegality was filed, setting up the defense that the debt sued for was that of W. L. Culver; that his wife, D. P. Culver, was merely his security for said debt; that she was not the tenant, but W. L. Culver was the tenant of the plaintiffs, and all supplies were furnished to the husband and not to the wife. Also a plea of usury was filed, alleging as follows: “Each of said…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. The court did not commit error in striking the plea of usury. As filed, the jury could not find what amount was or was not usury. Our code declares that “The plea of usury must set forth the sum upon which it was paid, or to. be paid, the time when the contract was made, when payable, and the amount of usury agreed upon, taken or reserved.” Civil Code (1910), § 5674. This plain requirement was not met by defendants’ plea, and therefore it was properly stricken on motion. Burnett v. Davis, 124 Ga. 541 (52 S. E. 927).
2. In order for a defendant to be…
2Cases cited5 opinions
- Arnold v. CarterSupreme Court of Georgia · 1906
- Burnett v. Davis & Co.Supreme Court of Georgia · 1905
- Reid v. SewellSupreme Court of Georgia · 1900
- Green v. ScurrySupreme Court of Georgia · 1910
- Mitchem v. AllenSupreme Court of Georgia · 1907
3Cited by15 opinions
- Shockey v. BakerSupreme Court of Georgia · 1955
- Byrd v. Equitable Life Assurance SocietySupreme Court of Georgia · 1938
- Atlas Auto Finance Company v. AtkinsCourt of Appeals of Georgia · 1949
- Peck v. BakerCourt of Appeals of Georgia · 1948
- Mahone v. ElliottSupreme Court of Georgia · 1914
10 more not listed; retrieve them via the Exa API.