Ney & Commins v. Clere Clothing Co.
Court of Appeals of Georgia
Complaint, from city court of Macon — Judge Hodges. March 21, 1908. Clere Clothing Company sued Ney & Commins for $149.89, as a balance due on an open account consisting of items of clothing, dated February 13 and April 13, 1907, and of the following item r “July 16, To protest on check of, Ney & Commins, $1.50.” The-defendants filed a plea and answer, which, after admitting the allegation as to their place of residence, was in substance as follows : (Paragraph 2) Defendants…
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Complaint, from city court of Macon — Judge Hodges. March 21, 1908. Clere Clothing Company sued Ney & Commins for $149.89, as a balance due on an open account consisting of items of clothing, dated February 13 and April 13, 1907, and of the following item r “July 16, To protest on check of, Ney & Commins, $1.50.” The-defendants filed a plea and answer, which, after admitting the allegation as to their place of residence, was in substance as follows : (Paragraph 2) Defendants deny the second paragraph of plaintiff’s petition (which alleges indebtedness). (3) They admit refusal to pay, and they…
1Opinion of the CourtRussell, J.
1. The decision in this case is controlled by the ruling in Bedingfield v Bates Advertising Co., 2 Ga. App. 107 (58 S. E. 320). No amendment being offered in response to the special demurrers, these were properly sustained, and, the answer thus being so irretrievably mutilated as to set forth no defense, the plea as a whole was properly stricken on general demurrer.
2. The defendant’s plea having been stricken and the case being in default, judgment was properly rendered in behalf of the plaintiff.
Judgment affirmed.
Complaint, from city court of Macon — Judge Hodges. March 21, 1908. Submitted…
2Cases cited5 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Emery v. Atlanta Real Estate ExchangeSupreme Court of Georgia · 1891
- Williams Manufacturing Co. v. Warner Sugar Refining Co.Supreme Court of Georgia · 1906
- Clay v. Western Union Telegraph Co.Supreme Court of Georgia · 1888
- Bedingfield & Co. v. Bates Advertising Co.Court of Appeals of Georgia · 1907
3Cited by2 opinions
- Jelks v. Wesleyan Female CollegeCourt of Appeals of Georgia · 1918
- North British & Mercantile Insurance v. ParnellCourt of Appeals of Georgia · 1936