Barrell v. Gibson

Barrell v. Gibson, 266 S.E.2d 308 (Ga. Ct. App. 1980)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: February 27, 1980
Docket: No. 58962
Judges: Sognier, McMurray, Banke
Citations: 266 S.E.2d 308153 Ga. App. 6211980 Ga. App. LEXIS 1926

Cited by 8 1 descriptions by later courts

Opinion — Sognier

Sognier, Judge.

Barrell, appellant, sued appellee Gibson to recover the amount of an alleged loan. The complaint was brief and alleged only jurisdiction, the debt, its nonpayment and a paragraph seeking attorney fees.

The appellee appeared pro se by a short, signed letter denying the indebtedness. Appellant moved for default judgment claiming the appellee’s letter was an improper answer. The letter, while not in the legal form of an answer, constituted a general denial and was adequate.

Tahamtan v. Dixie Ornamental Iron Co., 143 Ga. App. 561 ( 239 SE2d 217 ) (1977). The judge correctly denied appellant’s motion.

The judge then heard the case without a jury. The evidence was in sharp conflict. The appellant contended the money advanced was a loan; the appellee claimed the monies advanced were to be considered preincorporation expense and were not to be repaid if sufficient expense money was collected for this purpose. The judge found that a reasonable sum for this purpose was collected. The judge resolved the conflict of evidence in favor of the appellee/defendant and entered judgment for appellee.

A judge hearing a case without a jury acts in its stead in fact finding. His judgment will not be disturbed if there is any evidence in the record to sustain it.

McDaniel Printing Co. v. Ben Meadows Co., 144 Ga. App. 419 ( 241 SE2d 58 ) (1977);

Azar v. Accurate Const. Co., 146 Ga. App. 326 ( 246 SE2d 381 ) (1978).

Judgment affirmed.

McMurray, P. J., and Banke, J., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(short, signed letter denying indebtedness constituted general denial and was adequate as an answer)

Hatch v. Hatch, 652 S.E.2d 874 (Ga. Ct. App. 2007)

Cited by 8 cases

View all citing references →

State Appellate Courts8

Relies on it most ⓘ

Brown v. American Messenger Services, Inc.498 S.E.2d 384 (N.C. Ct. App. 1998)
Ahmad v. Excell Petroleum, Inc.623 S.E.2d 6 (Ga. Ct. App. 2005)
Beacon Industries, Inc. v. Vanderbunt Concrete, Ltd.323 S.E.2d 871 (Ga. Ct. App. 1984)
Harrison v. Harrison284 S.E.2d 83 (Ga. Ct. App. 1981)
Citadel Builders, L.L.C. v. Dirt Worx of Louisiana, L.L.C.165 So. 3d 117 (La. Ct. App. 2014)
Hatch v. Hatch652 S.E.2d 874 (Ga. Ct. App. 2007)

Most recent

Citadel Builders, L.L.C. v. Dirt Worx of Louisiana, L.L.C.165 So. 3d 117 (La. Ct. App. 2014)
Hatch v. Hatch652 S.E.2d 874 (Ga. Ct. App. 2007)
Ahmad v. Excell Petroleum, Inc.623 S.E.2d 6 (Ga. Ct. App. 2005)
Brown v. American Messenger Services, Inc.498 S.E.2d 384 (N.C. Ct. App. 1998)
Henderson v. Cam Development Co.378 S.E.2d 495 (Ga. Ct. App. 1989)
Beltz v. ATLANTA COACHWORKS CORPORATION323 S.E.2d 901 (Ga. Ct. App. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Azar v. Accurate Constr. Co., 246 S.E.2d 381 (Ga. Ct. App. 1978)	15
	Tahamtan v. Dixie Ornamental Iron Co., 239 S.E.2d 217 (Ga. Ct. App. 1977)	15
	McDANIEL PRINTING COMPANY, INC. v. BEN Meadows Co., 241 S.E.2d 58 (Ga. Ct. App. 1977)	14

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