
    Howard v. Wellham.
    Submitted February 13,
    Decided March 12, 1902.
    Motion to arrest judgment. Before Judge Reid. City court of Atlanta. May 4, 1901.
    
      W. H. Terrell, for plaintiff in error. W. O. Wilson, contra.
   Simmons, C. J.

In a suit upon several of a series of promissory notes,'some due and some not matured except under a stipulation that they should become due if any one of the series was not paid within thirty days after maturity, a verdict of a jury is necessary before a judgment can be rendered. A suit on notes not due except by virtue of such a stipulation is not “founded on unconditional contracts in writing,” within the meaning of paragraph 7 of section 4 of article 6 of the constitution of this State. This case is controlled by Rodgers v. Caldwell, 112 Ga. 635, and cases therein cited.

Judgment affirmed.

All the Justices concurring, except Little, J., absent.  