Fisher v. Savannah Guano Co
| Decision Date | 28 October 1895 |
| Citation | 97 Ga. 473,25 S.E. 477 |
| Parties | FISHER. v. SAVANNAH GUANO CO. |
| Court | Georgia Supreme Court |
Pleading—Time for Filing Plea—Exceptions —Setting Aside Default.
1. Where certain pleas to an action brought under the pleading act of 1893 were stricken on general demurrer to the same, to which no exception was taken at the term when this was done, and at the next term a judgment for the plaintiff was rendered by default, error, if any, in striking the pleas at the former term, would be no cause for setting this judgment aside, nor for granting a new trial; nor was there any error in refusing, at the latter term, to entertain a motion to vacate the order of the previous term striking the pleas, on the ground that it was improvidently granted.
2. Where, in such case, the court, after striking the defendant's pleas, granted his counsel further time during the same term at which this action was taken within which to file another plea, and no other plea was filed duringthat term, the court was not bound, at the next term, to allow a plea to be then filed as matter of right, nor to hear any excuse for the failure of counsel to file a plea at the previous term, under the permission then granted.
3. The action being upon an unconditional contract in writing, an unsworn plea, even if meritorious, presented no obstacle to the rendition of a judgment by the court in favor of the plaintiff; and the court did not err in refusing, after it had orally announced its judgment in the plaintiff's favor, to allow the defendant to verify his plea, because the judgment had not yet been signed and entered upon the minutes.
(Syllabus by the Court)
Error from superior court, Wilcox county; C. C. Smith, Judge.
Action by the Savannah Guano Company against A. K. Fisher, in which there was a judgment for plaintiff by default. From an order denying a new trial, and refusing to vacate the default, defendant brings error. Affirmed.
Cutts & Hixon and HaL Lawson, for plaintiff in error.
Tom Eason and E. A, Smith, for defendant in error.
The action in the present case was brought under the pleading act of 1893. The written pleas filed by the defendant were, upon a general demurrer to them, stricken, but no exception appears to have been taken to the order striking these pleas. During the term at which they were stricken, and after that was done, the court granted to the defendant's counsel further time during the same term at which that action was taken to file another plea, but no other plea was in fact filed during that term. At the...
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Burson v. Lunsford
...497; McCall v. Tufts, 85 Ga. 619, 11 S.E. 886; Western Union Telegraph Co. v. Lark, 95 Ga. 806, 807 [2], 23 S.E. 118; Fisher v. Savannah Guano Co, 97 Ga. 473, 25 S.E. 477); or (2) the case was treated as if a "default" had been actually entered under the act of 1895, although the facts repo......
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Pierce v. Jones, (No. 17241.)
...otherwise have set forth a valid defense. Civil Code 1910, § 5660; Ward v. Frick Co., 95 Ga. 804, 22 S. E. 899; Fisher v. Savannah Guano Co., 97 Ga. 473(3), 25 S. E. 477. O'Kelly v. Welch, 18 Ga. App. 157(1), 89 S. E. 76; Trippe v. Sheppard, 21 Ga. App. 279(2), 94 S. E. 328; Patterson v. Ba......
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Pierce v. Jones
... ... Civil Code 1910, § 5660; Ward v. Frick Co., 95 Ga ... 804, 22 S.E. 899; Fisher v. Savannah Guano Co., 97 ... Ga. 473(3), 25 S.E. 477. O'Kelly v. Welch, 18 ... Ga.App. 157(1), ... ...
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