Bartlett v. Walker

Supreme Court of Georgia

Bartlett v. Walker

5 S.E.2d 373, 189 Ga. 154, 1939 Ga. LEXIS 663

CourtSupreme Court of Georgia

DecidedOctober 19, 1939

Docket13076.

StatusPublished

Cited by6 cases

This text of 5 S.E.2d 373 (Bartlett v. Walker) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bartlett v. Walker, 5 S.E.2d 373, 189 Ga. 154, 1939 Ga. LEXIS 663 (Ga. 1939).

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Opinion

Reid, Chief Justice.

The action was for recovery of damages alleged to have resulted to the plaintiff by the defendants’ execution of an alleged conspiracy between them to cause the plaintiff’s expulsion from membership in a certain organization, wrongfully and illegally upon a false charge. While the petition contained prayers for injunction and general relief, this court held, when the case was before it on demurrer, that it stated no cause of action therefor, but was g'ood only in so far as it sought a judgment for the alleged damages. Walker v. Grand International Brotherhood of Locomotive Engineers, 186 Ga. 811, 822 (199 S. E. 146). The case thereafter proceeded to trial on the question of damages, and resulted in a verdict for the plaintiff against one of the defendants. Since the equitable features of the case have been effectually eliminated, the Court of Appeals, and not this court, has jurisdiction of the writ of error complaining of a judgment overruling a motion by such defendant to arrest and set aside said judgment. See Cochran v. Stephens, 155 Ga. 134 (116 S. E. 303) ; Brightwell v. Oglethorpe Telephone Co., 176 Ga. 65 (166 S. E. 646) ; Mills Lumber Co. v. Milam, 184 Ga. 455 (192 S. E. 35). In accordance with the provision of the constitution embodied in the Code, § 2-3005, the case is

Transferred, to the Court of Appeals.

All the Justices concur.

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Reid, Chief Justice.

The action was for recovery of damages alleged to have resulted to the plaintiff by the defendants’ execution of an alleged conspiracy between them to cause the plaintiff’s expulsion from membership in a certain organization, wrongfully and illegally upon a false charge. While the petition contained prayers for injunction and general relief, this court held, when the case was before it on demurrer, that it stated no cause of action therefor, but was g'ood only in so far as it sought a judgment for the alleged damages. Walker v. Grand International Brotherhood of Locomotive Engineers, 186 Ga. 811, 822 (199 S. E. 146). The case thereafter proceeded to trial on the question of damages, and resulted in a verdict for the plaintiff against one of the defendants. Since the equitable features of the case have been effectually eliminated, the Court of Appeals, and not this court, has jurisdiction of the writ of error complaining of a judgment overruling a motion by such defendant to arrest and set aside said judgment. See Cochran v. Stephens, 155 Ga. 134 (116 S. E. 303) ; Brightwell v. Oglethorpe Telephone Co., 176 Ga. 65 (166 S. E. 646) ; Mills Lumber Co. v. Milam, 184 Ga. 455 (192 S. E. 35). In accordance with the provision of the constitution embodied in the Code, § 2-3005, the case is

Transferred, to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

5 S.E.2d 373, 189 Ga. 154, 1939 Ga. LEXIS 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartlett-v-walker-ga-1939.

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