Jones v. Georgia Finance Co.

Carlisle, Presiding Judge.

Plaintiff (defendant in error) filed a suit against the defendant (plaintiff in error), in a justice court upon an unconditional contract in writing, to which defendant filed a plea setting up his discharge in bankruptcy. The case came on regularly to be tried and neither defendant nor his counsel appeared. Upon motion of the plaintiff, the justice of the peace entered a judgment in which he “overruled and dismissed” the plea in bankruptcy and then entered a judgment for the plaintiff and against the defendant. Held:

Whether or not the plea of discharge in bankruptcy…