Swanson v. Cravens
| Decision Date | 25 March 1898 |
| Citation | 30 S.E. 642,105 Ga. 471 |
| Parties | SWANSON v. CRAVENS. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
Where the defendant, in his affidavit of illegality to the foreclosure of a mortgage by the mortgagee on personalty, admits the execution of the note and mortgage, and sets up a partial failure of consideration as his only defense to such foreclosure, the burden of proof is cast upon him; and, upon his claiming the right to open and conclude before the introduction of any testimony, it was error in the court to deny him this privilege. Montgomery v. Hunt, 21 S.E. 59, 93 Ga. 438. (a) It was therefore error for the judge of the superior court to overrule the certiorari complaining of such ruling by the justice of the peace.
Error from superior court, Catoosa county; A. W. Fite, Judge.
Action by J. P. Cravens against P. D. Swanson. From a judgment of the superior court overruling a certiorari from a judgment of the justice court in plaintiff's favor, defendant brings error. Reversed.
Wm. E. Mann, for plaintiff in error.
J. H. Anderson, for defendant in error.
Judgment reversed.
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