Thornton v. Coleman, Burden & Warthen Co.
Supreme Court of Georgia
Complaint on note. Before Judge Butt. Talbot superior court. March term, 1897. The suit was returnable to the March term, 1896. At that term the appearance-docket was called, and “said case was answered to by the attorney marking his name.”. When the case was called at the March term, 1897, the .defendants presented their plea and asked to be allowed to file it, offered to pay the cost, and announced ready for trial.
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Complaint on note. Before Judge Butt. Talbot superior court. March term, 1897. The suit was returnable to the March term, 1896. At that term the appearance-docket was called, and “said case was answered to by the attorney marking his name.”. When the case was called at the March term, 1897, the .defendants presented their plea and asked to be allowed to file it, offered to pay the cost, and announced ready for trial. The court refused to allow the defendants to file ¡the plea, and directed a verdict for plaintiffs.
1Opinion of the CourtLittle, J.
The plaintiffs in error contend that, because their attorney marked his name on the appearance-docket at the return term of the case, they were entitled, under the law, to file a plea at the second term thereafter, when the case was called for trial, on payment of the costs which had accrued and an announcement of ready for trial, and make defense to the suit. We do not think this contention can be maintained. By the pleading act of 1893 (Acts 1893, p. 56), which provides for the arrangement of the petition, which sets out the cause of action, in distinct paragraphs, and an answer by the…
2Cases cited6 opinions
- Smith v. Holbrook, Glazier & Co.Supreme Court of Georgia · 1896
- Western Union Telegraph Co. v. LarkSupreme Court of Georgia · 1895
- Simon v. Myers & MarcusSupreme Court of Georgia · 1881
- Fisher v. Savannah Guano Co.Supreme Court of Georgia · 1895
- Kaiser & Bros. v. BrownSupreme Court of Georgia · 1895
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- Stubbs v. MendelSupreme Court of Georgia · 1919
- Wilkes v. Arkansas Fuel Oil Co.Court of Appeals of Georgia · 1939
- Caldwell v. FreemanSupreme Court of Georgia · 1917
- Avery & Co. v. SorrellSupreme Court of Georgia · 1924
- Burson v. LunsfordCourt of Appeals of Georgia · 1936
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