Vaughn v. Farmers & Merchants Bank
Court of Appeals of Georgia
Complaint; from Twiggs superior court-—Judge Kent. January 24, 1916.
1Opinion of the CourtJenkins, J.
1. A demurrer should be determined before the ease is submitted, even though the demurrant and his counsel be absent without leave. Anderson v. Fulton County Home Builders, 147 Ga. 104 (92 S. E. 934). The record in the present case, however, in no wise discloses . that a demurrer was filed by the defendant, or that exception was taken on such ground, and therefore direction can not be given to the case on the principle of law above stated.
2. Where a plea of non est factum has been filed to a suit on a note, the instrument sued on can not be admitted in evidence until proof of its execution…
2Cases cited7 opinions
- Shirley v. SwaffordSupreme Court of Georgia · 1903
- Anderson v. Fulton County Home BuildersSupreme Court of Georgia · 1917
- Burch v. PopeSupreme Court of Georgia · 1901
- Jewell v. WalkerSupreme Court of Georgia · 1899
- Winkles v. Guenther & Co.Supreme Court of Georgia · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Seaboard Air-Line Railway Co. v. JollySupreme Court of Georgia · 1925
- Smith v. Franklin Printing Co.Court of Appeals of Georgia · 1936
- Perry v. Maryland Casualty Co.Court of Appeals of Georgia · 1960
- Birt v. StateCourt of Appeals of Georgia · 1972
- Oliver v. Fireman's InsuranceCourt of Appeals of Georgia · 1930
3 more not listed; retrieve them via the Exa API.