
    3474.
    Draper & Co. v. Burr Manufacturing Co.
    Decided January 15, 1912.
    Certiorari; from Decatur superior court — Judge Frank Park.
    May 14, 1911.
    
      John R. Wilson, for plaintiffs in error.
    
      Russell & Custer, W. O. Fleming, contra.
   Hill, C. J.

This was a suit in a justice’s court, upon an open account verified by the affidavit of the plaintiff. When called for trial, no counter-affidavit was filed, and the case was in default, and judgment was rendered for the plaintiff. Subsequently the defendant appeared and filed a plea, and entered an appeal from the judgment to a jury in the justice’s court. When the appeal was reached for trial the justice struck the plea because filed too late, and dismissed- the appeal. On, certiorari the justice was sustained. Held, no error. Civil Code (1910), § 4730; Odell v. Meacham, 114 Ga. 910; Rockmore v. Cullen, 94 Ga. 648.

Judgment affirmed.  