Causey v. Cooper
Supreme Court of Georgia
Pleading. Before Judge Harrell. Randolph Superior Court. May Term, 1870; Cooper sued Causey upon an open account. Causey pleaded that “he did not undertake and promise in manner and form as the said plaintiff has above thereof complained against him, and - of this he puts himself upon the country.” This plea was sworn to according to the form required by law. Cooper’s counsel moved to strike the plea, because it was not an issuable plea.
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Pleading. Before Judge Harrell. Randolph Superior Court. May Term, 1870; Cooper sued Causey upon an open account. Causey pleaded that “he did not undertake and promise in manner and form as the said plaintiff has above thereof complained against him, and - of this he puts himself upon the country.” This plea was sworn to according to the form required by law. Cooper’s counsel moved to strike the plea, because it was not an issuable plea. The Court struck it and entered judgment against Causey for the amount sued for. This is assigned as errof.
1Opinion of the CourtWarner, J.
The error assigned to the judgment of the Court below in this case, is in ordering the defendants’ plea of the general issue to be stricken out, on the ground, that it was not an issuable plea. The plea was sworn to, and in general terms, denied the indebtedness of the defendant to the plaintiff. In our 'judgment, the legal effect of a plea of the general issue by the defendant, is an- absolute and general denial of what ’*is alleged in the plaintiff’s declaration, whereby the fact of indebtedness is affirmed on one side and denied on the other, which denial of indebtedness to the plaintiff…
2Cited by2 opinions
- Dunn v. WelshSupreme Court of Georgia · 1879
- Jones v. VinesSupreme Court of Georgia · 1877