Peeples v. Sethness Co.
Supreme Court of Georgia
Petition for certiorari. Before Judge Lumpkin. Eulton superior court. June 16, 1903. Sethness Company brought suit on an account in a justice’s court against the Southern Bottling Company and Peeples, which was personally served. There was no appearance for the defendants, and on the first day of the term and on the call of the docket the court rendered judgment for the plaintiff.
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Petition for certiorari. Before Judge Lumpkin. Eulton superior court. June 16, 1903. Sethness Company brought suit on an account in a justice’s court against the Southern Bottling Company and Peeples, which was personally served. There was no appearance for the defendants, and on the first day of the term and on the call of the docket the court rendered judgment for the plaintiff. The defendants presented their petition for certiorari, on the grounds, (1) that the judgment could not be lawfully rendered without proof of the correctness of the account being first made by the plaintiff; (2)…
1Opinion of the CourtLamar, J.
If in a justice’s court the plaintiff attaches to his summons a verified account and the same is served upon the defendant personally, the affidavit as to the correctness of the account serves the office of evidence, which will be sufficient to make out the plaintiff’s claim unless the same is met by a verified defense. Civil Code §4130. An unverified account thus sued on may be met by an unverified plea. But where an unverified ac*778count sued on has been personally served, and is met by no defense whatever, the defendant’s silence is to be treated as an admission of the correctness of every…
2Cases cited1 opinion
- Parris v. HightowerSupreme Court of Georgia · 1886
3Cited by10 opinions
- Coffee v. McCaskey Register Co.Court of Appeals of Georgia · 1909
- Davies v. TurnerCourt of Appeals of Georgia · 1939
- Brierton v. SmithCourt of Appeals of Georgia · 1909
- Grogan v. HerringtonCourt of Appeals of Georgia · 1949
- Dixon v. HollimanCourt of Appeals of Georgia · 1927
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