Averett v. McKenzie

Court of Appeals of Georgia

Averett v. McKenzie

80 S.E.2d 76, 89 Ga. App. 549, 1954 Ga. App. LEXIS 509

CourtCourt of Appeals of Georgia

DecidedJanuary 20, 1954

Docket34987

StatusPublished

This text of 80 S.E.2d 76 (Averett v. McKenzie) 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.

Bluebook

Averett v. McKenzie, 80 S.E.2d 76, 89 Ga. App. 549, 1954 Ga. App. LEXIS 509 (Ga. Ct. App. 1954).

Pincite

Opinion

Carlisle, J.

On three occasions the defendant filed exceptions pendente lite to the trial court’s overruling of certain of his general and special demurrers. In a bill of exceptions assigning error solely upon these exceptions pendente lite, he now attempts to come to this court for a review. “While the losing party, under repeated rulings of the Supreme Court and this court, has the option of having reviewed a judgment on demurrer by a direct bill of exceptions or to have certified and filed exceptions pendente lite, if the latter course be pursued, the ruling on demurrer becomes a pendente lite ruling which is reviewable only after the termination of the case and in a bill of exceptions assigning error on the final judgment. [Numerous cases cited.]” Cordele Sash, Door &c. Co. v. Prudential Ins. Co., 84 Ga. App. 605 (66 S. E. 2d 767); Shetzen v. C. G. Aycock Realty Co., 88 Ga. App. 710 (77 S. E. 2d 554). It follows that the writ of error in the instant case is prematurely brought to this court.

Writ o} error dismissed.

Gardner, P. J., and Townsend, J., concur.

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Carlisle, J.

On three occasions the defendant filed exceptions pendente lite to the trial court’s overruling of certain of his general and special demurrers. In a bill of exceptions assigning error solely upon these exceptions pendente lite, he now attempts to come to this court for a review. “While the losing party, under repeated rulings of the Supreme Court and this court, has the option of having reviewed a judgment on demurrer by a direct bill of exceptions or to have certified and filed exceptions pendente lite, if the latter course be pursued, the ruling on demurrer becomes a pendente lite ruling which is reviewable only after the termination of the case and in a bill of exceptions assigning error on the final judgment. [Numerous cases cited.]” Cordele Sash, Door &c. Co. v. Prudential Ins. Co., 84 Ga. App. 605 (66 S. E. 2d 767); Shetzen v. C. G. Aycock Realty Co., 88 Ga. App. 710 (77 S. E. 2d 554). It follows that the writ of error in the instant case is prematurely brought to this court.

Writ o} error dismissed.

Gardner, P. J., and Townsend, J., concur.

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Bluebook (online)

80 S.E.2d 76, 89 Ga. App. 549, 1954 Ga. App. LEXIS 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/averett-v-mckenzie-gactapp-1954.

Opinion

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