Jones v. McMillan
Court of Appeals of Georgia
Complaint; from Habersham superior court—Judge J. B. Jones. August 24, 1918. J. H. Hicks sued J. W. McMillan for the amount of a due bill alleged to have been made to him by the defendant. McMillan filed an answer, setting up a defense, and in the second paragraph of the answer it is stated that “defendant admits the execution and delivery of said due bill, and that plaintiff is the legal holder thereof, and defendant assumes the burden of proving his defense.”
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Complaint; from Habersham superior court—Judge J. B. Jones. August 24, 1918. J. H. Hicks sued J. W. McMillan for the amount of a due bill alleged to have been made to him by the defendant. McMillan filed an answer, setting up a defense, and in the second paragraph of the answer it is stated that “defendant admits the execution and delivery of said due bill, and that plaintiff is the legal holder thereof, and defendant assumes the burden of proving his defense.” A trial of the case resulted in a verdict and judgment in favor of the plaintiff, a new trial was granted to the defendant, and, the…
1Opinion of the CourtStephens, J.
1. The motion to dismiss the hill of exceptions, upon the ground that the assignments of error therein are not properly made, is without merit, and is therefore denied.
2. The plea of the defendant as amended set forth no legal defense to the plaintiff’s suit, and the court erred in not sustaining the demurrer interposed, and in not striking the entire plea.
3. Tlie error in the ruling upon the demurrer rendered the further proceedings nugatory.
Judgment reversed.
Broyles, P. J., and Bloodworth, J., concur. J. 0. Edwards & Sons, for plaintiffs,
cited: Civil Code (1910), §§ 4290, 5660, 5775; 100…
2Cases cited11 opinions
- Florida Yellow Pine Co. v. Flint River Naval Stores Co.Supreme Court of Georgia · 1913
- Lydia Pinkham Medicine Co. v. GibbsSupreme Court of Georgia · 1899
- Albany Phosphate Co. v. Hugger Bros.Court of Appeals of Georgia · 1908
- Mims v. JonesSupreme Court of Georgia · 1910
- Fisher v. George S. Jones Co.Supreme Court of Georgia · 1899
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3Cited by1 opinion
- Brumby Metals, Inc. v. Spalding Foundry Co.Court of Appeals of Georgia · 1953