Gregg v. Fitzpatrick

In October, 1933, the plaintiff filed suit against a husband and wife, on a promissory note signed by them in Georgia and by a third person, payable at a bank in Florida, and secured by a mortgage on real estate in Florida. On the call of the appearance docket at the December term, 1933, the judge made this entry: “By consent of the attorney for plaintiff the defendants are allowed to Feb. 1st, 1934, to file demurrers and pleas in this case.” The husband afterward died, but his executor, who was made a party, entered no defense. On March 2, 1935, the wife filed an answer, denying indebtedness…