Stanton v. Burge
Supreme Court of Georgia
Debt. In Newton Superior Court. Tried before Judge Speer. March Term, 1866. In Newton luferior Court,- to June Term, 1860, the plaintiff brought an action against the defendant, on a note for over six hundred dollars, purporting to be made by her testator in the year 1857. At the next term, defendant confessed judgment and appealed to the Superior Court.
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Debt. In Newton Superior Court. Tried before Judge Speer. March Term, 1866. In Newton luferior Court,- to June Term, 1860, the plaintiff brought an action against the defendant, on a note for over six hundred dollars, purporting to be made by her testator in the year 1857. At the next term, defendant confessed judgment and appealed to the Superior Court. In the latter Court, at March term, 1866r she filed a plea as follows: “And now at this term of the Court comes the defendant, and by leave of the Court amends her plea, and for amendment saith that the note, the foundation of this suit, is…
1Opinion of the CourtLumpkin, C. J.
[1.] The first question made for the Court is, whether the plea of non est factram filed by the executrix of Thomas Burge, deceased, on the appeal was in time ? It is admitted that the law requires this plea to be filed at the first term after the writ is served; still, as the Code has adopted the broad provision of the Act of amendments, passed in 1853, which authorizes the plea to be amended at any stage of the case, I say it is not at all certain that the original party, if in life, to wit, Thomas Burge, could not file this plea on the appeal. I am inclined to think he could. But…
2Cited by17 opinions
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- Martin v. Lamb & Co.Supreme Court of Georgia · 1887
- Richardson v. HairriedSupreme Court of Georgia · 1947
- Thompson v. KelseyCourt of Appeals of Georgia · 1910
- Searcy v. TillmanSupreme Court of Georgia · 1885
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