Barrell v. Gibson, 58962
| Decision Date | 27 February 1980 |
| Docket Number | No. 58962,58962 |
| Citation | 266 S.E.2d 308,153 Ga.App. 621 |
| Parties | BARRELL v. GIBSON. |
| Court | Georgia Court of Appeals |
Kevin S. King, Janet L. Haynes, Atlanta, for appellant.
P. A. Gibson, pro se.
Barrell, appellant, sued appellee Gibson to recover the amount of an alleged loan. The complaint was brief and alleged only jurisdiction, the debt, its nonpayment and a paragraph seeking attorney fees.
The appellee appeared pro se by a short, signed letter denying the indebtedness. Appellant moved for default judgment claiming the appellee's letter was an improper answer. The letter, while not in the legal form of an answer, constituted a general denial and was adequate. Tahamtan v. Dixie Ornamental Iron Co., 143 Ga.App. 561, 239 S.E.2d 217 (1977). The judge correctly denied appellant's motion.
The judge then heard the case without a jury. The evidence was in sharp conflict. The appellant contended the money advanced was a loan; the appellee claimed the monies advanced were to be considered preincorporation expense and were not to be repaid if sufficient expense money was collected for this purpose. The judge found that a reasonable sum for this purpose was collected. The judge resolved the conflict of evidence in favor of the appellee/defendant and entered judgment for appellee.
A judge hearing a case without a jury acts in its stead in fact finding. His judgment will not be disturbed if there is any evidence in the record to sustain it. McDaniel Printing Co. v. Ben Meadows Co., 144 Ga.App. 419, 241 S.E.2d 58 (1977); Azar v. Accurate Const. Co., 146 Ga.App. 326, 246 S.E.2d 381 (1978).
Judgment affirmed.
To continue reading
Request your trial
-
Brown v. AMERICAN MESSENGER SERVICES
...position is supported by the decisions of other states with provisions similar to Rule 10. He cites as examples Barrell v. Gibson, 153 Ga.App. 621, 266 S.E.2d 308 (1980) and Frank Ulmer Lumber Co., Inc. v. Patterson, 272 S.C. 208, 250 S.E.2d 121 Although the issue of whether a letter can co......
-
Beltz v. Atlanta Coachworks Corp.
...Guye v. Home Indem. Co., 241 Ga. 213, 244 S.E.2d 864 (1978)." Dudley v. Snead, 250 Ga. 804(1), 301 S.E.2d 480. See also Barrell v. Gibson, 153 Ga.App. 621, 266 S.E.2d 308. The trial judge can determine when essential facts have not been proven. Comtrol, Inc. v. H-K Corp., 134 Ga.App. 349, 3......
-
Hatch v. Hatch
...the debt constituted an answer, and defendant waived jurisdiction defense by failing to raise issue in letter); Barrell v. Gibson, 153 Ga.App. 621, 266 S.E.2d 308 (1980) (short, signed letter denying indebtedness constituted general denial and was adequate as an answer). 8. OCGA § 19-9-23(a......
-
Beacon Industries, Inc. v. Vanderbunt Concrete, Ltd., 68529
...not entitled to prevail upon any claim set forth in the counterclaim. See Dudley v. Snead, 250 Ga. 804, 301 S.E.2d 480; Barrell v. Gibson, 153 Ga.App. 621, 266 S.E.2d 308. 3. Defendants contend the trial court erred in awarding attorney fees to plaintiff. In the case sub judice, the trial j......