118 Ga. 243 | Ga. | 1903
Celia Collins brought suit against Hay, Ford, and Odom, her petition as originally filed containing three counts,
The defendants demurred generally, and on the ground of misjoinder of causes of action. The defendants Hay and Ford also joined in a demurrer on the grounds, (1) that the petition set out no cause of action as against them, and (2) that the petition shows ■on its face an entire absence of liability on their part to the plaintiff. Both demurrers were overruled. They also filed an answer in which they denied liability to the plaintiff on any of the counts of the petition. They admitted that the property involved had been levied on, but denied that it was at the time in the possession ■of the plaintiff, and claimed that the levy was in pursuance of the foreclosure of a valid mortgage given to the Central City Loan Company by Levi Collins, and that he was in possession of the property and had title thereto at the time. They averred “ that they have done nothing wrong; that they have merely sought their legal rights in the courts of this State to collect an indebtedness due .them under a mortgage for borrowed money; and that they foreclosed the. same as the law required, strictly adhering to all the conditions and requirements demanded by the law in mortgage foreclosures in this State.” The case was tried before a jury, who returned the following verdict: “We, the jury, find for the plaintiff the sum of one thousand dollars, as follows, viz.: P. L. Hay, '$500.00, W. G. Ford, $300.00, W. W. Odom, $200.00.” The defendants made a motion for a new trial on various grounds, which was overruled. To the overruling of their demurrers, their motion for a new trial, and a motion for nonsuit made by them at the conclusion of the plaintiff’s evidence, they excepted. During the same term of court at which the case*was tried, and before the filing of their motion for a new trial, the defendants made a motion in arrest of judgment, on the grounds that the original petition set out
Judgment, on motion for new trial, reversed ; on motion in arrest, affirmed.