95 Ga. 714 | Ga. | 1895
In the case of McCall v. Tufts, reported in the 85 Gra. 619, it was decided that when a suit is brought in a iustice’s court upon an unconditional contract in writing, if there be a defense thereto it must be filed at the first term; that if not filed at that term, the defendant loses his right to make any defense to the suit. This decision was based upon an act approved September 26th, 1883 (see Acts of 1882-3, p. 103), and in that decision this act was construed as requiring that a plea
Let the judgment of the court below be Reversed.