Burnett v. Davis & Co.
Supreme Court of Georgia
Complaint. Before Judge Hodges. City court of Macon. June 13, 1905. W. A. Davis & Company brought suit upon a promissory note, against Burnett and Brown. Burnett filed an answer at the appearance term, in which he admitted the execution of the note, but alleged that he had executed it under a mistake, and that the amount of his indebtedness was less than the amount of the note.
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Complaint. Before Judge Hodges. City court of Macon. June 13, 1905. W. A. Davis & Company brought suit upon a promissory note, against Burnett and Brown. Burnett filed an answer at the appearance term, in which he admitted the execution of the note, but alleged that he had executed it under a mistake, and that the amount of his indebtedness was less than the amount of the note. Plaintiff demurred to the answer, on the ground that it set out no legal defense, and demurred specially to various paragraphs therein. Burnett then filed an amendment to his answer, more specifically setting out his…
1Opinion of the CourtCobb, P. J.
The first amendment filed by the defendant was verified as to the facts therein set forth, but the affidavit did not conform to the other requirements of the act of 1897 (Acts 1897, p. 35). The second amendment was verified in strict conformity to the act above referred to. It does not appear from the record that the judge disallowed either of the amendments, but it would seem that he allowed the amendments, and then struck the plea as amended, as insufficient in law. The order, after reciting that the defendant had offered two amendments to his plea, and that the plaintiff insisted “upon his…
2Cases cited4 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- House v. OliverSupreme Court of Georgia · 1905
- Conant v. JonesSupreme Court of Georgia · 1904
- Odom v. New England Mortgage Security Co.Supreme Court of Georgia · 1893
3Cited by22 opinions
- Friedman v. GoodmanSupreme Court of Georgia · 1963
- Porter v. Davey Tree-Expert Co.Court of Appeals of Georgia · 1925
- Widincamp v. PattersonCourt of Appeals of Georgia · 1925
- Swift v. Oglesby & SmithCourt of Appeals of Georgia · 1911
- Culver v. WoodSupreme Court of Georgia · 1912
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