Georgia Court of Appeals, 1916

Archer & Cosper v. Arnold-Henegar-Doyle Co.

Archer & Cosper v. Arnold-Henegar-Doyle Co.
Georgia Court of Appeals · Decided September 21, 1916 · Hodges
18 Ga. App. 588; 89 S.E. 1089; 1916 Ga. App. LEXIS 1126

Archer & Cosper v. Arnold-Henegar-Doyle Co.

Opinion of the Court

Hodges, J.

1. The suit was upon a note, and the defendant filed an answer at the appearance term. On the trial of the case the defendant offered an amendment to the answer, but the accompanying affidavit failed to state that the new facts or defense set out in the amendment were not omitted for the purpose of delay. This was a fatal defect (Civil Code, § 5640), and the court did not err in sustaining the objection to the amendment. Camp v. Peoples Bank, 11 Ga. App. 724 (76 S. E. 80); Gross v. Whitley, 128 Ga. 79 (57 S. E. 94); Thompson v. Rabun, 131 Ga. 713 (63 S. E. 215).

2. When the amendment was rejected the plaintiff made out its case. The defendant offered no evidence, and the court directed a verdict. There was no error in so doing. ' Judgment affirmed.

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