Roberts v. Roland
Court of Appeals of Georgia
1Opinion of the CourtQuillian, J.
While the' defendant in her answer did not admit receiving the money, she testified that the deceased gave the money to her. She further testified that she was entitled to retain that which was left after paying Hanley to provide a decent burial for the deceased. By this testimony she set up the affirmative defense that she was entitled to keep a part of the money. Having testified as to this affirmative defense the burden was on her to prove facts which would establish the defense. Jones v. Bank of Powder Springs, 31 Ga. App. 263 (120 S. E. 422); Cosmopolitan Life Ins. Co. v. Head, 23 Ga.…
2Cases cited5 opinions
- Higdon v. WilliamsonSupreme Court of Georgia · 1913
- Jones v. Bank of Powder SpringsCourt of Appeals of Georgia · 1923
- Wilson v. WilsonCourt of Appeals of Georgia · 1918
- Cosmopolitan Life Insurance v. HeadCourt of Appeals of Georgia · 1919
- Williams v. DennisCourt of Appeals of Georgia · 1928