Bowen v. Morrison

Court of Appeals of Georgia

Bowen v. Morrison

120 S.E.2d 57, 103 Ga. App. 632, 1961 Ga. App. LEXIS 1021

CourtCourt of Appeals of Georgia

DecidedMay 8, 1961

Docket38829

StatusPublished

Cited by8 cases

This text of 120 S.E.2d 57 (Bowen v. Morrison) 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

Bowen v. Morrison, 120 S.E.2d 57, 103 Ga. App. 632, 1961 Ga. App. LEXIS 1021 (Ga. Ct. App. 1961).

Pincite

Opinion

Eberhardt, Judge.

On September 21, 1954, Mrs. Ann Morrison filed an action for damages in DeKalb Superior Court against James O. Bowen, as trustee for Margaret Elizabeth Bowen et al, Defendants filed their demurrer and answer on October 9, 1954, and thereafter on August 29, 1955, plaintiff filed an amendment to the petition, which was allowed by order of court subject to objection or demurrer. The case was continued from time to time, but no further written order was made or entered therein, and on February 14, 1961, defendants moved that an order of dismissal be entered by the court pursuant to the provisions of Ga. L. 1953, Nov. Sess., pp. 342, 343 (Code § 3-512). The motion to dismiss was overruled and defendants excepted. Held:

The provisions of Codie § 3-512 that any suit filed in the courts of this State in which no written order is taken for a period of five years shall automatically stand dismissed are mandatory. While it is true that this section does provide that “for the purposes of this section an order of continuance *633 will be deemed an order,” such an order, to avoid' the automatic dismissal, must have been reduced to writing and entered in the record-

Decided May 8, 1961. Zachary & Hunter, W. E. Zachary, for plaintiff in error. Sheats, Parker & Webb, Guy Parker, contra.

Judgment reversed.

Carlisle, P. J., and Nichols, J., concur.

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Eberhardt, Judge.

On September 21, 1954, Mrs. Ann Morrison filed an action for damages in DeKalb Superior Court against James O. Bowen, as trustee for Margaret Elizabeth Bowen et al, Defendants filed their demurrer and answer on October 9, 1954, and thereafter on August 29, 1955, plaintiff filed an amendment to the petition, which was allowed by order of court subject to objection or demurrer. The case was continued from time to time, but no further written order was made or entered therein, and on February 14, 1961, defendants moved that an order of dismissal be entered by the court pursuant to the provisions of Ga. L. 1953, Nov. Sess., pp. 342, 343 (Code § 3-512). The motion to dismiss was overruled and defendants excepted. Held:

The provisions of Codie § 3-512 that any suit filed in the courts of this State in which no written order is taken for a period of five years shall automatically stand dismissed are mandatory. While it is true that this section does provide that “for the purposes of this section an order of continuance *633 will be deemed an order,” such an order, to avoid' the automatic dismissal, must have been reduced to writing and entered in the record-

Decided May 8, 1961. Zachary & Hunter, W. E. Zachary, for plaintiff in error. Sheats, Parker & Webb, Guy Parker, contra.

Judgment reversed.

Carlisle, P. J., and Nichols, J., concur.

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Bluebook (online)

120 S.E.2d 57, 103 Ga. App. 632, 1961 Ga. App. LEXIS 1021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowen-v-morrison-gactapp-1961.

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