Eubanks v. Taylor

1. Where in an action upon a promissory note the defendant in his plea and answer seeks to avoid payment of the note upon the sole ground that the note has been materially altered since he signed it, and upon an oral motion in the nature of a general demurrer the plea and answer is stricken, the case is in default and the plaintiff is entitled to a directed verdict. Lunsford v. Howe, 71 Ga. App. 106 (30 S. E. 2d, 207); Pape v. Woolford Realty Co., 35 Ga. App. 284 (134 S. E. 174); Pierce v. Jones, 36 Ga. App. 561 (137 S. E. 296) ; Hayes v. International Harvester Co., 52 Ga. App. 328 (183 S.…