Brooks v. Bishop

Supreme Court of Georgia

Brooks v. Bishop

162 S.E. 781, 174 Ga. 254, 1932 Ga. LEXIS 32

CourtSupreme Court of Georgia

DecidedJanuary 16, 1932

DocketNo. 8545

StatusPublished

Cited by1 cases

This text of 162 S.E. 781 (Brooks v. Bishop) 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

Brooks v. Bishop, 162 S.E. 781, 174 Ga. 254, 1932 Ga. LEXIS 32 (Ga. 1932).

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Opinion

Russelu, C. J.

This case is controlled by the principles stated by this court in Dill v. Taylor, 160 Ga. 234 (127 S. E. 737) ; and the writ of error must be dismissed. In the Dill case no response was made to the motion to dismiss, and this failure to respond was construed as an admission of the facts stated in tile motion. In the instant case the plaintiff in error filed a response to the motion, but did not deny the averments of fact in the motion to dismiss.

Writ of error dismissed.

All the Justices concur. Smith, Hammond, Smith & Bloodworth, H. H. Anderson, W. B. Robinson, and G. N. King, for plaintiff in error. J. M. Neel, contra.

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Russelu, C. J.

This case is controlled by the principles stated by this court in Dill v. Taylor, 160 Ga. 234 (127 S. E. 737) ; and the writ of error must be dismissed. In the Dill case no response was made to the motion to dismiss, and this failure to respond was construed as an admission of the facts stated in tile motion. In the instant case the plaintiff in error filed a response to the motion, but did not deny the averments of fact in the motion to dismiss.

Writ of error dismissed.

All the Justices concur. Smith, Hammond, Smith & Bloodworth, H. H. Anderson, W. B. Robinson, and G. N. King, for plaintiff in error. J. M. Neel, contra.

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Bluebook (online)

162 S.E. 781, 174 Ga. 254, 1932 Ga. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-bishop-ga-1932.

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