Freeman v. Carr & Brother
Supreme Court of Georgia
Appeal. Before Judge Gamble. Bulloch superior court. October term, 1897. Suit upon a promissory note was brought in the county court. The defendant filed no plea and made no defense in that court. There was an appeal to the superior court; and upon the call of the case there, counsel for the defendant offered a sworn plea of failure of consideration.
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Appeal. Before Judge Gamble. Bulloch superior court. October term, 1897. Suit upon a promissory note was brought in the county court. The defendant filed no plea and made no defense in that court. There was an appeal to the superior court; and upon the call of the case there, counsel for the defendant offered a sworn plea of failure of consideration. The court refused to allow it, holding that the defendant should have filed his plea or made his defense in the county court before judgment was rendered against him, and, having failed to do so, he was estopped from filing his plea in the…
1Opinion of the CourtLittle, J.
The only question presented by the record in this case is, whether, after an appeal from a county court to the superior court, the defendant in the case is entitled, as a matter of law, to file a plea or answer in the superior court and have the issue arising thereunder tried and adjudicated, when no answer or plea had been' filed in the county court. The plaintiff in error, through his counsel, contends that, after an appeal to the superior court, the trial of the case is a de novo proceeding, and being so, he has a right then to make his defense and the corresponding right to file proper…
2Cases cited6 opinions
- Stansell v. MasseySupreme Court of Georgia · 1893
- Howell v. FieldSupreme Court of Georgia · 1883
- McCall v. TuftsSupreme Court of Georgia · 1890
- Newman v. ScofieldSupreme Court of Georgia · 1898
- Howell v. GloverSupreme Court of Georgia · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wofford v. VandiverCourt of Appeals of Georgia · 1945
- Fletcher v. Aetna Casualty & Surety Co.Court of Appeals of Georgia · 1957
- Dixon v. HollimanCourt of Appeals of Georgia · 1927
- Harden v. Hawkins & Co.Supreme Court of Georgia · 1900
- Tucker v. CarsonSupreme Court of Georgia · 1900
2 more not listed; retrieve them via the Exa API.