Beverly v. Crowe

Court of Appeals of Georgia

Beverly v. Crowe

150 S.E. 436, 40 Ga. App. 538, 1929 Ga. App. LEXIS 631

CourtCourt of Appeals of Georgia

DecidedNovember 13, 1929

Docket19938; 19940; 19941

StatusPublished

Cited by1 cases

This text of 150 S.E. 436 (Beverly v. Crowe) 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

Beverly v. Crowe, 150 S.E. 436, 40 Ga. App. 538, 1929 Ga. App. LEXIS 631 (Ga. Ct. App. 1929).

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Opinion

Broyles, C. J.

1. The order sustaining the demurrer to the petition and allowing a stated time in which to amend it, to which no exception was taken, fixed the law of the case; and, the plaintiff’s amendment having failed to meet the objections raised .by the demurrer (the amendment in all substantial respects being merely a reiteration of the allegations ' of the original petition), the trial court did not err in dismissing the petition. Baker v. Atlanta, 22 Ga. App. 483 (96 S. E. 332), and cit.; Grossman v. Atlanta, 25 Ga. App. 161 (102 S. E. 847).

2. Under the above-stated ruling and the facts of the instant cases, the judge of'the superior court in each case properly overruled the certiorari. Judgments affirmed.

Luke and Bloodworth, JJ., eoneur.

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Broyles, C. J.

1. The order sustaining the demurrer to the petition and allowing a stated time in which to amend it, to which no exception was taken, fixed the law of the case; and, the plaintiff’s amendment having failed to meet the objections raised .by the demurrer (the amendment in all substantial respects being merely a reiteration of the allegations ' of the original petition), the trial court did not err in dismissing the petition. Baker v. Atlanta, 22 Ga. App. 483 (96 S. E. 332), and cit.; Grossman v. Atlanta, 25 Ga. App. 161 (102 S. E. 847).

2. Under the above-stated ruling and the facts of the instant cases, the judge of'the superior court in each case properly overruled the certiorari. Judgments affirmed.

Luke and Bloodworth, JJ., eoneur.

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Bluebook (online)

150 S.E. 436, 40 Ga. App. 538, 1929 Ga. App. LEXIS 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beverly-v-crowe-gactapp-1929.

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