Morgan v. Goldstein
| Decision Date | 07 June 1917 |
| Docket Number | 7995. |
| Parties | MORGAN v. GOLDSTEIN. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
Under the facts of this case there was no error in refusing to dismiss the plaintiff's petition, which was filed in the city court of Zebulon, although the original petition was addressed, "To the City Court of Pike County."
(a) "All claims arising ex contractu between the same parties may be joined in the same action."
The judge did not abuse his discretion in refusing to open the default judgment in this case.
Error from City Court of Zebulon; E. F. Dupree, Judge.
Suit by M. F. Goldstein, receiver, against Mrs. Willie R. Morgan. Judgment for plaintiff, and defendant brings error. Affirmed.
W. Y Allen, of Thomaston, for plaintiff in error.
Evins & Moore, of Atlanta, for defendant in error.
The act creating the city court of Zebulon (Georgia Laws 1909, p 342) provides for quarterly terms, to be held on the second Monday in March, June, September, and December, and further provides that:
"In all cases founded upon unconditional contracts in writing, in which there has been personal service on the defendant, and wherein no issuable defense has been filed thereto in writing, or is then offered to be filed, under oath, or if filed or thus tendered to be filed, the same is adjudged by the court to be insufficient in law, either in form or substance, and the same shall be stricken, then judgment shall be rendered by the court of such appearance term, without the intervention of a jury."
On each of the dates, April 24, 1912, June 24, 1912, and February 20 1913, the American Investment & Loan Company loaned to Mrs Willie R. Morgan different sums of money, taking for each a series of monthly notes. In November, 1914, the American Loan & Investment Company was placed in the hands of a receiver. Mrs. Morgan defaulted in the payment of all three series of notes, and M. F. Goldstein, as receiver, brought suit against her to the June term, 1915, of the city court of Zebulon. The suit was filed in three separate counts, but only one process was prayed for. Copies of the notes sued on and a copy of the notice served on the defendant for the purpose of recovering attorney's fees were attached to the petition. This notice of attorney's fees served on defendant called her attention to the fact that, unless settlement was made, suit would be brought to the June term, 1915, of the city court of Zebulon. The original petition was headed "City Court of Zebulon," but was addressed, "To the City Court of Pike County." The petition was filed in the city court of Zebulon, and the process attached thereto was headed "City Court of Zebulon" and directed the defendant to appear at the next "city court of Zebulon to be held in and for said county on the second Monday in June 1915." The copy of the petition served on the defendant was directed to the "City Court of Zebulon," and the sheriff served the defendant personally with a copy of the writ and process. No plea, answer, or demurrer was filed at the June term, 1915, of the city court of Zebulon, but the case on the docket was marked "default." On account of certain correspondence between the attorneys for the plaintiff and the defendant looking to an adjustment of the case, no judgment was taken until the March adjourned term, 1916, of the said city court. On March 7, 1916, the defendant filed a motion to dismiss the suit, on the grounds: (1) That there was no legal suit filed, as shown by the face of the petition, and no law authorizing such a suit; (2) because the petition set forth three...
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