Richey v. Johnson
Court of Appeals of Georgia
Complaint; from city court of Jefferson — Judge Mahaffey. December 12, 1916. To an action on a promissory note the defendant filed at. the first (June) term a plea which was but a general denial of the several paragraphs of the petition. A demurrer to this plea was filed at the.same term, on the ground that it set up no legal'defense, amounted merely to the general issue, and was insufficient in law. No action on the demurrer was taken at the June term.
Read the full summary
Complaint; from city court of Jefferson — Judge Mahaffey. December 12, 1916. To an action on a promissory note the defendant filed at. the first (June) term a plea which was but a general denial of the several paragraphs of the petition. A demurrer to this plea was filed at the.same term, on the ground that it set up no legal'defense, amounted merely to the general issue, and was insufficient in law. No action on the demurrer was taken at the June term. At the September term the case was continued. At the December term the defendant offered an amendment to his plea, which was disallowed, and…
1Opinion of the CourtBloodworth, J.
1. Where both a plea and a demurrer thereto are filed at the. first term, and the record is silent as to any action being taken thereon at that term, it will be construed that the whole case, including the demurrer and plea, was “continued by the court”; and the demurrer thus continued loses none of its vitality by the fact that it was not “determined at the first term.”
2. Where suit is brought on a promissory note, and' the defendant in his plea makes a general denial of the paragraphs of the plaintiff’s petition, this denial in general terms is but a plea of the general issue, and, since…
2Cases cited6 opinions
- Johnson v. CobbSupreme Court of Georgia · 1897
- Thomas & McCafferty v. SieselCourt of Appeals of Georgia · 1907
- Simmons Furniture & Lumber Co. v. ReynoldsSupreme Court of Georgia · 1911
- McMillan v. Fourth National BankCourt of Appeals of Georgia · 1916
- Smith v. First National BankSupreme Court of Georgia · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Seaboard Air-Line Railway Co. v. JollySupreme Court of Georgia · 1925
- Bayne v. Sun Finance CompanyCourt of Appeals of Georgia · 1966
- Kreischer v. Bank of LouisvilleCourt of Appeals of Georgia · 1924
- Kingery v. Yancey Brothers CompanyCourt of Appeals of Georgia · 1959
- Moore v. American National BankSupreme Court of Georgia · 1923
7 more not listed; retrieve them via the Exa API.