Massee v. Stetson
Court of Appeals of Georgia
Complaint; from Bibb superior court — Judge Mathews. December 2, 1920. Application for certiorari was denied by the Supreme Court.
1Opinion of the CourtHill, J.
1. “Hnder a denial of the allegations in the plaintiff’s declaration, no other defense is admissible except such as disproves the plaintiff’s cause of action; all other matters in satisfaction or avoidance must be specially pleaded.” Civil Code (1910), § 5636. That a plaintiff has brought his action prematurely is a defense not going to the merits of the plaintiff’s demand, and is dilatory only. It must be raised at the first term by plea, unless the fact appears on the face of the pleadings, when it may be raised by a specific demurrer. Realty Co. v. Ellis, 4 Ga. App. 402 (61 S. E. 832);…
2Cases cited6 opinions
- Realty Co. v. EllisCourt of Appeals of Georgia · 1908
- Horne v. RodgersSupreme Court of Georgia · 1898
- Goodrich v. Atlanta National Building & Loan Ass'nSupreme Court of Georgia · 1895
- Cooper v. RicketsonCourt of Appeals of Georgia · 1913
- Hightower, Pratt & Co. v. HodgesCourt of Appeals of Georgia · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wall v. LittleSupreme Court of Florida · 1931
- Richmond County v. SibertCourt of Appeals of Georgia · 1962
- Brand v. PruittCourt of Appeals of Georgia · 1952
- Brandwein v. GreenfieldCourt of Appeals of Georgia · 1961