Higdon v. Williamson

1. The court’s refusal to strike a plea as being insufficient in law is reviewable by direct exception, and can not be made a ground of a motion for a new trial. Brandon v. Akers, 134 Ga. 78 (67 S. E. 540).

2. Where a payee of a note sues the maker, and the defendant in his plea admits the execution of the note and that the plaintiff is the legal holder, and sets up a defense to the same, the burden is upon the defendant to establish his.defense, and he is entitled to open and conclude. Martin v. Hale, 136 Ga. 228 (71 S. E. 133). This rule is not changed in a case where the defendant in his…