Jones v. Hodges
Court of Appeals of Georgia
Motion to set aside judgment; from city court of Quitman— Judge Long. July 9, 1917. • E. E. Hodges, as administrator of J. G. Hodges,- brought suit to the January term, 1917, of the city court of Quitman against M. F. Jones. The suit was for an indebtedness of $2,000, and alleged that a deed to a certain tract of land described in the petition was given by Jones to J. C. Hodges to secure that indebtedness.
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Motion to set aside judgment; from city court of Quitman— Judge Long. July 9, 1917. • E. E. Hodges, as administrator of J. G. Hodges,- brought suit to the January term, 1917, of the city court of Quitman against M. F. Jones. The suit was for an indebtedness of $2,000, and alleged that a deed to a certain tract of land described in the petition was given by Jones to J. C. Hodges to secure that indebtedness. The petition does not disclose whether this indebtedness is on open account or promissory note; it does not indicate, in fact, how the indebtedness arose. The petition prays for a judgment…
1Opinion of the CourtHarwell, J.
(After stating the foregoing facts.) The defendant filed a good plea, and the court erred in striking it. The plea did not have to be sworn to. The suit was not upon an unconditional contract in writing, and the petition was not verified. Civil Code (1910), §§ 5638, 5660. The petition does not indicate how the indebtedness arose, whether on account or promissory note; the plea should not have been stricken for any of the reasons alleged. Civil Code (1910), §§ 5634, 5636; Ocean Steamship Co. v. Anderson, 112 Ga. 835 (38 S. E. 102); DeSoto Co. v. Hammett, 111 Ga. 24 (36 S. E. 304); Kahn v.…
2Cases cited10 opinions
- Johnson v. CobbSupreme Court of Georgia · 1897
- Lester v. McIntoshSupreme Court of Georgia · 1897
- De Soto Plantation Co. v. HammettSupreme Court of Georgia · 1900
- Kahn v. Southern Building & Loan Ass'nSupreme Court of Georgia · 1902
- Ocean Steamship Co. v. AndersonSupreme Court of Georgia · 1901
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3Cited by2 opinions
- Keiser v. American Express Co.Court of Appeals of Georgia · 1965
- Williams v. Commercial Tire Co.Court of Appeals of Georgia · 1966