Watters & Co. v. O'Neill
Supreme Court of Georgia
Question certified by Court of Appeals (Case No. 11602). The Court of Appeals certified to the Supreme Court the following question: “ In attachment proceedings to recover an indebtedness evidenced by promissory notes, is there a day which corresponds to the “ return day ” as contemplated in section 4252 of the Civil Code of 1910 ? In other words, in such a suit, where the notes contained the usual stipulations for the recovery of attorney’s fees and where the requirements…
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Question certified by Court of Appeals (Case No. 11602). The Court of Appeals certified to the Supreme Court the following question: “ In attachment proceedings to recover an indebtedness evidenced by promissory notes, is there a day which corresponds to the “ return day ” as contemplated in section 4252 of the Civil Code of 1910 ? In other words, in such a suit, where the notes contained the usual stipulations for the recovery of attorney’s fees and where the requirements of the above code section as to notice have been complied with, and where the plaintiff in attachment is entitled to a…
1Opinion of the CourtAtkinson, J.
The Civil Code, § 4252, declares: “ Obligations to pay attorney’s fees upon any note or other evidence of indebtedness, in addition to the rate of interest specified therein, are void, and no court shall enforce such agreement to pay attorney’s fees, unless the debtor shall fail to pay such debt on or. before the return day of the court to which suit is brought for the collection of the same: Provided, the 'holder of the obligation sued upon, his agent, or attorney notifies the defendant in writing, ten days before suit is brought, of his intention to bring suit, and also the term of the…
2Cases cited4 opinions
- Baker v. Aultman & Co.Supreme Court of Georgia · 1899
- Fincher v. Stanley Electric Manufacturing Co.Supreme Court of Georgia · 1907
- Davenport v. RichardsSupreme Court of Georgia · 1912
- Everett & Son v. Ferst's Sons & Co.Supreme Court of Georgia · 1906
3Cited by9 opinions
- Smith v. BukofzerSupreme Court of Georgia · 1935
- Swint v. Milner Banking Co.Court of Appeals of Georgia · 1923
- Bailey v. KennettCourt of Appeals of Georgia · 1924
- Simmons Lumber Co. v. Toccoa Furniture Co.Court of Appeals of Georgia · 1921
- Calinet v. Hare & Chase of Atlanta Inc.Court of Appeals of Georgia · 1927
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