Sirmans v. Folsom & Tillmaw Hardware Co.
Court of Appeals of Georgia
Complaint; from city court of Washville — Judge Christian. March 13, 1916. Exception was taken to the judgment striking the plea, and to the final judgment, which was for principal, interest, and 10 per cent, thereon as attorney’s fees, in accordance with the terms of the note sued on; and error was assigned as follows: “(1) Because the same is contrary to law and contrary to evidence, there being no evidence offered in support of the judgment for attorney’s fees.
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Complaint; from city court of Washville — Judge Christian. March 13, 1916. Exception was taken to the judgment striking the plea, and to the final judgment, which was for principal, interest, and 10 per cent, thereon as attorney’s fees, in accordance with the terms of the note sued on; and error was assigned as follows: “(1) Because the same is contrary to law and contrary to evidence, there being no evidence offered in support of the judgment for attorney’s fees. (3) Because the plea amounted to and was a good and substantial defense. (3) Because plaintiff failed to introduce his note in…
1Opinion of the Court
Hodges,. J.
1. The Eolsom & Tillman Hardware Company sued J. B. Sirmans and W. H. Higgs as joint makers of a promissory note. Sirmans filed a plea and answer admitting liability as to, himself and setting up a defense in behalf of his codefendant, Higgs, which was stricken upon motion, and judgment was entered against Sirmans and Higgs for the amount sued for. There is no provision of law under which a defendant can file a plea for a codefendant in a suit upon a promissory note. An agent or attorney at law may verify a plea when the defendant resides out of the county. Civil Code, § 5643. This…
2Cases cited3 opinions
- Valdosta, Moultrie & Western Railroad v. Citizens BankCourt of Appeals of Georgia · 1914
- Elliott v. WilksCourt of Appeals of Georgia · 1915
- Brent v. MountSupreme Court of Georgia · 1880
3Cited by3 opinions
- Huber v. ShedoudyCalifornia Supreme Court · 1919
- Tennessee Chemical Co. v. HarperCourt of Appeals of Georgia · 1923
- Jones v. MooreCourt of Appeals of Georgia · 1936