102 Ga. 810 | Ga. | 1898
On December 31, 1895, Scofield brought suit, in the county court of Houston county, against Newman, upon a promissory note for $102.60 principal, besides interest. The
1. The court committed no error in sustaining the demurrer to the amended plea. The second section of the act of October 13, 1879, provides that the practice and modes of procedure in the county court shall he the same as in the superior court, from the filing of the original suit to the final process, except as thereinafter otherwise provided. These provisions are found in sections 4198 and 4204 of the Civil Code. Consequently the act of December 16,1895, “regulating practice in the superior court,” which does not conflict with any of the subsequent sections of the act of 1879, is applicable to pleadings in the county courts. Section seven Of the act of 1895 provides, “that the defendant, after the time allowed for answer has expired, shall not in any case by amendment set up any new facts or defense of which notice was not given by the original plea or answer, unless at the time of filing such amended plea or an
Judgment affirmed.