Everett & Son v. Ferst's Sons & Co.

1. The expression “return day,” as used in the act of 1900 amending the Civil Code, § 3667 (Acts 1900, p. 53; Van Epps’ Code Supp. § 6185), means the same as “filing day,” or the last day on which suits may be filed so as to be returnable to the next term. Baxley v. Bennett, 38 Ga. 146; Hood v. Powers, 57 Ga. 245.

2. Consequently where the undisputed evidence showed that written notice was given, as provided in said section, by the holder of certain promissory notes which contained obligations to pay attorney’s fees, of the holder’s intention to sue and of the term of court to which suit would…