Hunt v. Davenport

• Decision Date: 19 August 1912
• Citation: 75 S.E. 644,138 Ga. 622
• Parties: HUNT et al. v. DAVENPORT.
• Court: Georgia Supreme Court

75 S.E. 644

138 Ga. 622

HUNT et al. v. DAVENPORT.

Supreme Court of Georgia

August 19, 1912

Syllabus by the Court.

An amendment to an answer was properly disallowed which set up that the note, the foundation of the action, was void for the reason that it was given for a patent right, though not expressing upon its face its consideration. Parr v. Erickson, 115 Ga. 873, 42 S.E. 240.

Under the evidence and the law applicable thereto, a verdict was demanded in behalf of the plaintiff, and the trial judge did not err in so directing.

Error from Superior Court, Haralson County; Price Edwards, Judge.

Action by B. J. Davenport against R. C. Hunt and others. Judgment for plaintiff, and defendants bring error. Affirmed.

James Beall and B. F. Boykin, both of Carrollton, for plaintiffs in error.

Griffith & Matthews, of Buchanan, for defendant in error.

FISH, C.J.

Judgment affirmed. All the Justices concur.