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41 Ga. 409

Causey v. Cooper

Supreme Court of Georgia

Decided June 15, 1870

Supreme Court of Georgia · decided 1870-06-15

Pleading. Before Judge Harrell. Randolph Superior Court. May Term, 1870; Cooper sued Causey upon an open account. Causey pleaded that “he did not undertake and promise in manner and form as the said plaintiff has above thereof complained against him, and - of this he puts himself upon the country.” This plea was sworn to according to the form required by law. Cooper’s counsel moved to strike the plea, because it was not an issuable plea.

Decided 1870-06-15

WARNER, J.

¶1The error assigned to the judgment of the Court below in this case, is in ordering the defendants’ plea of the general issue to be stricken out, on the ground, that it was not an issuable plea. The plea was sworn to, and in general terms, denied the indebtedness of the defendant to the plaintiff. In our 'judgment, the legal effect of a plea of the general issue by the defendant, is an- absolute and general denial of what ’*is alleged in the plaintiff’s declaration, whereby the fact of indebtedness is affirmed on one side and denied on the other, which denial of indebtedness to the plaintiff on the part of the defendant is an issuable defense: 3d Blackstone’s Commentaries, 305; and if sworn to by the defendant, entitles him to go before .a jury for the trial of that issue under the existing law of this State.

¶2Let the judgment of the Court below be reversed.

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