Hendricks v. Tyson
Court of Appeals of Georgia
Complaint; from city court of Nashville-—Judge Smith. February 20, 1920. In this case a judgment, reciting that no defense had been interposed, was rendered against the defendants by the judge of the city court of Nashville on December 18,. 1916, at the term to which the suit — an action on a promissory note —was brought; and on the same day one of the defendants filed a plea which set up- that the note sued on was procured by threats of a criminal prosecution against his…
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Complaint; from city court of Nashville-—Judge Smith. February 20, 1920. In this case a judgment, reciting that no defense had been interposed, was rendered against the defendants by the judge of the city court of Nashville on December 18,. 1916, at the term to which the suit — an action on a promissory note —was brought; and on the same day one of the defendants filed a plea which set up- that the note sued on was procured by threats of a criminal prosecution against his brother. In November, 1919, he offered and the court allowed an amendment by which he added to the plea the following…
1Opinion of the CourtBloodworth, J.
“ The only error assigned in this ease being the overruling of the demurrer to the plea and answer of the defendant in the court below, and there being no final judgment excepted to, the bill of exceptions is prematurely brought, and must be dismissed. Civil Code, § 6138.” Smith v. Leverette, 18 Ga. App. 582 (89 S. E. 1094), and cases cited. See also Montgomery v. Reynolds, 124 Ga. 1053 (53 S. E. 512).
Writ of error dismissed.
Broyles, C. J., and Luke, J., concur.
ON MOTION TO MODIFY JUDGMENT.
Bloodworth, J. Owing to the peculiar and unusual facts of this case, the motion to modify the judgment…
Also in this document: Concurrence.
2Cases cited2 opinions
- Montgomery v. ReynoldsSupreme Court of Georgia · 1906
- Smith v. LeveretteCourt of Appeals of Georgia · 1916