2 Ga. App. 663 | Ga. Ct. App. | 1907
1. Under the decision of the Supreme Court in the certified case of Lyndon v. Georgia Railway & Electric Co., 129 Ga. 353 (58 S. E. 1047), wherein former contrary rulings are modified and overruled, the writ of error in the present case is not subject to dismissal.
2. Where exception is taken to the refusal of the court to allow an amendment to pleadings, the proffered amendment should bo set out, literally or in substance, in the bill of exceptions, or attached as a duly authenticated exhibit thereto. This court can not consider it, if it be brought up in the transcript of record. Walker v. Equitable Mortgage Co., 114 Ga. 862 (7) (40 S. E. 10).
3. It is not error for the court to strike, on demurrer, an ambiguous and evasive answer to a suit on promissory notes. Brinson v. Birge, 102 Ga. 802 (30 S. E. 261).
4. A plea of non est factum is subject to be stricken on demurrer, when It does not unequivocally deny that the notes sued on are the act and deed of the defendant. Lester v. McIntosh, 101 Ga. 675 (29 S. E. 7).
5. A plea of payment which fails to allege when, how, and to whom the payment was made is properly stricken on demurrer. Wortham v. Sinclair, 98 Ga. 173 (25 S. E. 414); O’Neal v. Phillips, 83 Ga. 550 (10 S. E. 352); Atlantic Coast Line R. Co. v. Hart Lumber Co., 2 Ga. App. 88 (58 S. E. 316).
6. The title of the holder of a note can not be inquired into, unless 1': necessary for the protection of the defendant, or to let in a defense which he seeks to make. Civil Code of 1895, § 3698.
7. Where, in an answer by paragraphs to a petition bringing suii on promissory notes, the defendant makes, in answer to one of the paragraphs, •a general denial of the indebtedness, but such answer nowhere sets m any legal defense, the answer is properly stiicken on demurrer. Johnson v. Cobb, 100 Ga. 139 (2) (28 S. E. 72). Judgment affirmed.