Phillips v. Phillips
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Iiodges. City court of Macon. June 26, 1905. Monroe Phillips sued J. B. Phillips on a promissory note under seal. .The defendant filed an answer, to which the plaintiff demurred on the ground that it was not verified. The demurrer was filed twelve days after the regular call of the appearance docket, and two days before the adjournment of the appearance term.
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Motion to set aside judgment. Before Judge Iiodges. City court of Macon. June 26, 1905. Monroe Phillips sued J. B. Phillips on a promissory note under seal. .The defendant filed an answer, to which the plaintiff demurred on the ground that it was not verified. The demurrer was filed twelve days after the regular call of the appearance docket, and two days before the adjournment of the appearance term. At the trial term, when the case came up for trial, the defendant offered an amendment properly verifying his plea; to which amendment counsel for tbe plaintiff objected. The court passed an…
1Opinion of the CourtBeck, J.
Plaintiff demurred to defendant’s plea to an action upon a promissory note under seal, on the ground that the plea was not verified. The demurrer was filed, without notice thereof • being given to the defendant, twelve days after the “demurrer docket” had been regularly called by the court. When the case was called for trial the plaintiff’s counsel announced to the court that there was a demurrer in the ease, and the judge set the trial for a certain date. On the trial the defendant sought to verify his plea, by way of amendment, but the court would not allow him so to do, and rendered a…
2Cases cited2 opinions
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- Walton v. JonesSupreme Court of Georgia · 1874
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- Hardwick v. ShahanCourt of Appeals of Georgia · 1923
- Beavers v. CassellsCourt of Appeals of Georgia · 1937
- Allison v. GarberCourt of Appeals of Georgia · 1935
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