Form of Complaint for Money Had and Received

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IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) (Clerk will insert Defendant ) number.) COMPLAINT The defendant C.D., herein named, is a resident of __________ (street), __________ (city), __________ County, Georgia, and is subject to the jurisdiction of this court. Defendant owes plaintiff $10,000.00 for money had and received from one G.H. on June 1, 1966, to be paid by defendant to plaintiff. Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable). __________________________________ Attorney for plaintiff __________________________________ Address

(Ga. L. 1966, p. 609, § 108; Ga. L. 1980, p. 649, § 6.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2006, a comma was inserted following "C.D." near the beginning of the form.

JUDICIAL DECISIONS

Cited in Dickey v. South Side Atlanta Bank, 118 Ga. App. 1, 162 S.E.2d 305 (1968); Department of Pub. Health v. Perry, 123 Ga. App. 816, 182 S.E.2d 493 (1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 61A Am. Jur. 2d, Pleading, § 31 et seq.

C.J.S.

- 71 C.J.S., Pleading, § 43 et seq.

ALR.

- Right to recover money voluntarily paid with knowledge of facts but under misapprehension as to legal rights or obligations, 53 A.L.R. 949.


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