105 Ga. 112 | Ga. | 1898
A. C. Moore sued P. C. McIntyre in the city court of Atlanta, upon two judgments rendered against the defendant in the superior court of Buncombe county, North Carolina. Attached to the petition as exhibits were certified copies of the entire record in each ease upon which judgments had been rendered. It appears that one judgment had been rendered against McIntyre upon a promissory note signed by him alone. The other judgment was rendered upon a promissory note of which the following is a copy: “$622.75. Asheville, N. C., Nov. 25, 1891. Eorty days after date I owe and promise to pay to A. C. Moore, or order, six hundred and twenty-two dollars and seventy-five cents, for value received. [Signed] P. O. McIntyre.” Immediately following the copy of the note in the record is the following: “I do hereby subject and make liable my indi
The defendant demurred to the petition upon various .grounds, those relied on here being, in') substance, as follows: Eirst, that the petition shows that the court has no jurisdiction; second, because Mary E. McIntyre is not a party and no reason is alleged why she could not be sued; third, the petition sets forth no cause of action.
Judgment affirmed.