Georgia Court of Appeals, 1913

Wood v. Southern Trust Co.

Georgia Court of Appeals · Decided January 22, 1913 · Hill

12 Ga. App. 155; 76 S.E. 991; 1913 Ga. App. LEXIS 475

Opinion of the Court

Hill, C. J.

The defendant failing to amend his plea as indicated by the court, and, without such amendment, the plea setting up no defense, the court properly struck it on demurrer. ■ Judgment affirmed.

The plaintiff demurred to this plea, on the ground that no good defense was set out, and the demurrer was sustained, the court rendering the following judgment: “Paragraphs 5, 6, and 7 of the plea are stricken. Unless paragraph 4 is amended within ten days from this date, by alleging directly that, the plaintiff knew of the .alleged agreement, the entire plea will be stricken.”

Scott & Davis, for plaintiff in error.. 'Walter B. Brown,' contra.

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