Bolton v. Barber

Supreme Court of Georgia

Bolton v. Barber

205 S.E.2d 266, 232 Ga. 70, 1974 Ga. LEXIS 865

CourtSupreme Court of Georgia

DecidedApril 4, 1974

Docket28735

StatusPublished

Cited by1 cases

This text of 205 S.E.2d 266 (Bolton v. Barber) 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

Bolton v. Barber, 205 S.E.2d 266, 232 Ga. 70, 1974 Ga. LEXIS 865 (Ga. 1974).

Pincite

Opinion

Gunter, Justice.

This is an interlocutory appeal authorized by the trial judge’s certificate in which the appellant complains of a judgment denying the appellant’s motion to dismiss the appellee’s complaint for failure to state a claim.

It is obvious that the appellee’s complaint stated a claim for relief pursuant to the Civil Practice Act, and it was not subject to dismissal. Appellant’s enumerated errors and arguments here might be appropriate if the ruling below had been on a motion for summary judgment. However, that is not the situation, and the [71]*71trial court’s judgment overruling the appellant’s motion was correct.

Submitted March 18, 1974 Decided April 4, 1974. Gilbert, Wilkerson & Hill, Fred A. Gilbert, for appellant. Haas, Holland, Levison & Gibert, Theodore G. Frankel, Richard L. Garrett, for appellee.

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI