Walker v. Seawell
Court of Appeals of Georgia
1Opinion of the CourtStephens, J.
1. An act approved November 15, 1901 (Ga. L. 1901, p. 55), as codified in section 4728 of the Civil Code of 1910, provides that in a suit on an open account, where the account sued on is verified by the plaintiff, it is essential to the defendant’s plea of no indebtedness that it be alleged in the plea that the defendant is not indebted “in any sum,” or that it specify the amount of indebtedness which the defendant Submits. Lee v. Perry, 19 Ga. App. 48 (90 S. E. 988). This is not restricted to a case in any court, and therefore applies to a case in a city court. The decision in DeSoto…
2Cases cited5 opinions
- De Soto Plantation Co. v. HammettSupreme Court of Georgia · 1900
- Kahn v. Southern Building & Loan Ass'nSupreme Court of Georgia · 1902
- Ocean Steamship Co. v. AndersonSupreme Court of Georgia · 1901
- Lee v. PerryCourt of Appeals of Georgia · 1916
- Cason v. Armour Fertilizer WorksCourt of Appeals of Georgia · 1914
3Cited by2 opinions
- Wilkes v. Arkansas Fuel Oil Co.Court of Appeals of Georgia · 1939
- Allen Tile & Marble Co. v. Vinyl Plastics, Inc.Court of Appeals of Georgia · 1959