Simmons Furniture & Lumber Co. v. Reynolds

• Decision Date: 11 January 1911
• Citation: 69 S.E. 913,135 Ga. 595
• Parties: SIMMONS FURNITURE & LUMBER CO. et al. v. REYNOLDS.
• Court: Georgia Supreme Court

69 S.E. 913

135 Ga. 595

SIMMONS FURNITURE & LUMBER CO. et al. v. REYNOLDS.

Supreme Court of Georgia

January 11, 1911

Syllabus by the Court.

Where a suit was brought on a promissory note, and a plea was filed, which was insufficient, as, in substance, it was nothing more than a plea of the general issue, but no attack was made upon the plea by demurrer or motion to strike at the appearance term, and the court entered upon the docket, "May 14, 1909, Ans.," the court should not at the next term have refused to allow the filing of a plea, which was offered as an amendment to that previously filed, and to which no other objection was raised, except that "there was nothing to amend by."

No question was raised in the court below as to the merits or sufficiency of the plea offered as an amendment, and that question is not now adjudicated.

Error from Superior Court, Stephens County; J. J. Kimsey, Judge.

Action by J. H. Reynolds against the Simmons Furniture & Lumber Company and others. Judgment for plaintiff, and defendants bring error. Reversed.

J. B. Jones, for plaintiffs in error.

J. O. Adams and H. H. Dean, for defendant in error.

BECK, J.

Judgment reversed. All the Justices concur, except FISH, C.J., absent.