114 Ga. 966 | Ga. | 1902
Suit was brought by Dodson Printers’ Supply Company against Harris and Wilson, on a promissory note. The action was brought to the March term, 1900, of the city court of Atlanta. The defendants failed to file any defense on or before the first day of that term. At the next term the plaintiff moved for a judgment by default. Harris objected, because he had, on June 10, 1900, during the second term, filed a defense. The plaintiff moved to strike this defense, because it had not been filed on or before the first day of the term to which the suit was returnable. It appears that after the suit had been brought Harris had filed an equitable petition in the' superior court to enjoin the suit in the city court, and had, for this reason, failed to file a defense at the proper time to the suit on the note. The equitable proceedings were dismissed on demurrer. The judge of the city court allowed Harris to file his defense, and refused to strike the same; to which ruling the plaintiff filed its exceptions pendente lite. The case proceeded to trial, and the jury returned a verdict in favor- of the defendants. Plaintiff moved for a new trial on several grounds. The motion was overruled, and plaintiff excepted to this ruling, assigning error also on its exceptions pendente lite.
Judgment reversed.