Williford v. Phillips
Court of Appeals of Georgia
1Opinion of the CourtMacIntyre, J.
1. “A plea of payment which fails to allege with reasonable certainty when, how, and to whom the payment was made is insufficient, and, unless amended, should be stricken, upon demurrer, timely filed, specifically pointing out these defects.” Groves v. Sexton, 5 Ga. App. 160 (62 S. E. 731); Rentz Drug Co. v. Bishop-Babcock Co., 30 Ga. App. 391 (2) (118 S. E. 414); Montgomery v. King, 125 Ga. 388 (3) (54 S. E. 135).
2. Under the foregoing ruling, the trial judge did not err in striking the plea of payment filed in a trover suit brought under the Civil Code (1910), § 4484.
3. The evidence…
2Cases cited3 opinions
- Montgomery v. KingSupreme Court of Georgia · 1906
- Groves v. SextonCourt of Appeals of Georgia · 1908
- Rentz Drug Co. v. Bishop-Babcock Co.Court of Appeals of Georgia · 1923
3Cited by3 opinions
- Wilson v. TumlinCourt of Appeals of Georgia · 1961
- Bell v. ScarbroughCourt of Appeals of Georgia · 1942
- Corbin v. Welfare Finance Co.Court of Appeals of Georgia · 1954