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Robinson v. Rearden

Court of Appeals of Georgia
May 13, 1975
216 S.E.2d 370 (Ga. Ct. App. 1975)

Opinion

50648.

SUBMITTED MAY 6, 1975.

DECIDED MAY 13, 1975.

Action on note. Catoosa Superior Court. Before Judge Painter.

David P. Daniel, for appellant.

John W. Love, for appellee.


A "pro se" answer timely filed in response to a suit on a note, setting forth the style and number of the case and the date it was filed, denying that the note was dated February 11, 1974, as alleged in the complaint but was actually dated February 11, 1972, as shown on a copy of the note attached to the complaint, and alleging that the "note has been satisfied either by credit to note or by monies received by complainant," is not a nullity but is sufficient to join the issue in the case and to withstand a motion for judgment on the pleadings and a motion for judgment by default. Code Ann. §§ 81A-108 (b), (e)(1), (f); cf. Snooks v. Factory Square, Inc., 129 Ga. App. 772 ( 201 S.E.2d 168); Knickerbocker Tax Systems v. Texaco, Inc., 130 Ga. App. 383, 384 (2) ( 203 S.E.2d 290). Compare Glenco-Belevedere Animal Hospital v. Winters, 129 Ga. App. 621 ( 200 S.E.2d 506). Since the name of the corporate defendant and of the individual defendant both appear on the answer, we will not disturb the trial court's ruling that the answer is the answer of both defendants and that neither is in default.

Judgments affirmed. Bell, C. J., and Marshall, J., concur.

SUBMITTED MAY 6, 1975 — DECIDED MAY 13, 1975.


Summaries of

Robinson v. Rearden

Court of Appeals of Georgia
May 13, 1975
216 S.E.2d 370 (Ga. Ct. App. 1975)
Case details for

Robinson v. Rearden

Case Details

Full title:ROBINSON v. REARDEN et al

Court:Court of Appeals of Georgia

Date published: May 13, 1975

Citations

216 S.E.2d 370 (Ga. Ct. App. 1975)
216 S.E.2d 370

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