MARLER v. C & S BANK

31801.

239 Ga. 342 (1977)

236 S.E.2d 590

MARLER v. C & S BANK OF MILLEDGEVILLE.

Supreme Court of Georgia.

Decided June 9, 1977.

Rehearing Denied July 1, 1977.


Attorney(s) appearing for the Case

Barnes & Browning, Roy E. Barnes, Thomas J. Browning, for appellant.

Alston, Miller & Gaines, R. Neal Batson, Ben F. Johnson, III, for appellee.


BOWLES, Justice.

The Citizens & Southern Bank of Milledgeville filed a complaint against Marler seeking repayment of a loan as evidenced by a note. Marler filed an answer on December 10, 1974, and in a counterclaim contended that the note was invalid, as it was a part of a scheme to defraud him. Neither party demanded a jury trial in the original pleadings.

The case was placed on the nonjury trial calendar of the Cobb County State Court. This calendar...

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