85 Ga. 619 | Ga. | 1890
Tufts sued McCall in a justice’s court upon three promissory notes, at March term of said court. At that term, there being no plea filed and no appearance made by the defendant, judgment was rendered in favor of the plaintifí. McCall entered an appeal to a jury. At the trial before the jury, plaintifí introduced his notes and closed. Defendant sought to introduce evidence under the plea of the general issue and payment, which pleas he had filed after the judgment at the first term of the court. Plaintiff objected to the introduction of any evidence, and moved to strike his pleas, which motion was granted by the justice, and a verdict was rendered by the jury in favor of the plaintifí". Defendant sued out his writ of certiorari to the superior court, alleging that the justice erred in striking his pleas and directing the jury to find a verdict for the plaintifí’, and entering up judgment thereon. On the hearing of the case in the superior court the trial judge dismissed the certiorari, and McCall excepted.
Judgment affirmed.