Mill v. Guyton
Court of Appeals of Georgia
1Opinion of the CourtBell, J.
1. A rule against an attorney may be heard and disposed of at the term to which it is made returnable. Civil Code (1910), §§ 4954, 5346, 5347; Hixon v. Callaway, 2 Ga. App. 678 (58 S. E. 1120).
2. While the movant may traverse the answer at any time before the rule is discharged, yet where the court proceeds at the first term to hear and discharge the rule upon the verified and untraversed answer of the respondent (see Read Phosphate Co. v. Weichselbaum Co., 1 Ga. App. 420 (2), 58 S. E. 122), the movant can not then file a traverse and demand as a matter of right that the rule be reinstated.…
2Cases cited6 opinions
- Read Phosphate Co. v. Weichselbaum Co.Court of Appeals of Georgia · 1907
- Brantley Co. v. SoutherlandCourt of Appeals of Georgia · 1907
- Hixon v. CallawayCourt of Appeals of Georgia · 1907
- Lane v. BrinsonCourt of Appeals of Georgia · 1913
- Garrett v. Coweta Fertilizer Co.Court of Appeals of Georgia · 1917
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