Baggs-Langford Motor Co. v. Moore & Son

1. Under the act creating the municipal court of Atlanta, a deputy clerk of that court has authority to take an affidavit for, and to issue, an attachment returnable to a superior court. Ga. L. 1913, p. 159, §§ 27, 28; Barnard v. DuPree, 149 Ga. 796 (102 S. E. 422); Brach v. Oglesby Grocery Co., 33 Ga. App. 481 (2) (127 S. E. 157). The court therefore erred in this ease in dismissing the attachment.

2. Although it is no defense to a suit on an unconditional promissory note to show a contemporaneous oral agreement that the note would never be enforced (Pulliam v. Merchants & Miners Bank, 33 Ga.…