Threlkeld v. Whitehead

95 Ga. App. 378 (1957)

98 S.E.2d 76

THRELKELD

v.

WHITEHEAD.

36394.

Court of Appeals of Georgia.

Decided February 8, 1957.

Adhered To On Rehearing March 28, 1957.

R. Howard Gordon, Rupert A. Brown, for plaintiff in error.

Harold A. Boggs, contra.

QUILLIAN, J.

1. Both the exceptions to the judgment entered upon the verdict and the first special ground of the motion for new trial are predicated upon the plaintiff in error's contention that the provisions of Code § 8-104 that, "In all cases where the plaintiff has commenced suit for the recovery of a debt, and the defendant, during the pendency of such suit,…