Supreme Court of Georgia, 1904

Columbia Drug Co. v. Goodman

Columbia Drug Co. v. Goodman
Supreme Court of Georgia · Decided February 12, 1904 · Fish
119 Ga. 474; 46 S.E. 647; 1904 Ga. LEXIS 241

Columbia Drug Co. v. Goodman

Opinion of the Court

Fish, P. J.

Where suit was brought, in a county court, upon an open account properly sworn to by the plaintiff, the judge erred in refusing to strike, on plaintiff’s motion, a plea of payment which was not verified (Acts 1901, p. 55) ; and a certiorari assigning error upon such a ruling should have been sustained.

Judgment reversed.

All the Justices concur, except Simmons, G. J., absent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.