Andrews Co. v. Dorsett
115 S.E. 772, 29 Ga. App. 321, 1922 Ga. App. LEXIS 277
This text of 115 S.E. 772 (Andrews Co. v. Dorsett) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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Andrews Co. v. Dorsett, 115 S.E. 772, 29 Ga. App. 321, 1922 Ga. App. LEXIS 277 (Ga. Ct. App. 1922).
Opinion
I am authorized by my associates to announce the following as their opinion in this case:
" The defendant’s plea, as amended, was insufficient to set up a good defense to the suit.
" (a) The objection that an action is prematurely brought, unless [324]*324the defect appears on the face of the pleading, can be raised only by a timely, formal, verified plea in abatement. Gate City Fire Ins. Co. v. Thornton, 5 Ga. App. 585 (63 S. E. 638). There was no such plea in this case, and, under the above ruling, the trial court did not err in striking the defendant’s plea and the amendment thereto, on motion of the plaintiff, or in thereafter directing a verdict in favor of the plaintiff for the amount sued for. It follows that the judge of the superior court erred in sustaining the certiorari.”
My opinion is that the judge of the superior court did not err in sustaining the certiorari.
Judgment reversed.
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134 S.E. 174 (Court of Appeals of Georgia, 1926)
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Bluebook (online)
115 S.E. 772, 29 Ga. App. 321, 1922 Ga. App. LEXIS 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-co-v-dorsett-gactapp-1922.