Brown v. Welsch

Court of Appeals of Georgia

Brown v. Welsch

136 S.E.2d 535, 109 Ga. App. 570, 1964 Ga. App. LEXIS 918

CourtCourt of Appeals of Georgia

DecidedApril 10, 1964

Docket40672

StatusPublished

Cited by1 cases

This text of 136 S.E.2d 535 (Brown v. Welsch) 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

Brown v. Welsch, 136 S.E.2d 535, 109 Ga. App. 570, 1964 Ga. App. LEXIS 918 (Ga. Ct. App. 1964).

Pincite

Opinion

Hall, Judge.

The original petition in this case was filed in Cobb Superior Court on July 27, 1963. Defendant filed a general demurrer to the petition on August 30, 1963. The petition was amended by plaintiff on October 25, 1963. On November 11, 1963, the defendant filed several special demurrers and renewed his general demurrer to the petition as amended. On December 4, 1963, the trial court sustained three of the special demurrers, overruled the renewed general demurrer and one special demurrer and gave plaintiff ten days to amend the petition. On this same day (December 4, 1963) an amendment to the petition was allowed by the trial court, subject to objection by the defendant, and filed by the plaintiff. No renewed demurrers are shown to have been filed to the petition as amended on December 4, 1963. Error is assigned on the overruling of the general demurrer to the petition, as amended prior to December 4, 1963. Held:

Since the petition has been amended as to material matters for the second time and the order complained of is not an overruling of a renewed demurrer to the petition, as amended on December 4, 1963, there is no final judgment with which this court may now deal. National Surety Corp. v. Hunt, 105 Ga. App. 101 (123 SE2d 558); Gillon v. Johns, 105 Ga. App. 599 (125 SE2d 70).

Accordingly, the bill of exceptions must be and it is hereby

Dismissed.

Nichols, P. J., and Russell, J., concur. Doyle C. Brown, for plaintiff in error. Sam J. Welch, contra.

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

Hall, Judge.

The original petition in this case was filed in Cobb Superior Court on July 27, 1963. Defendant filed a general demurrer to the petition on August 30, 1963. The petition was amended by plaintiff on October 25, 1963. On November 11, 1963, the defendant filed several special demurrers and renewed his general demurrer to the petition as amended. On December 4, 1963, the trial court sustained three of the special demurrers, overruled the renewed general demurrer and one special demurrer and gave plaintiff ten days to amend the petition. On this same day (December 4, 1963) an amendment to the petition was allowed by the trial court, subject to objection by the defendant, and filed by the plaintiff. No renewed demurrers are shown to have been filed to the petition as amended on December 4, 1963. Error is assigned on the overruling of the general demurrer to the petition, as amended prior to December 4, 1963. Held:

Since the petition has been amended as to material matters for the second time and the order complained of is not an overruling of a renewed demurrer to the petition, as amended on December 4, 1963, there is no final judgment with which this court may now deal. National Surety Corp. v. Hunt, 105 Ga. App. 101 (123 SE2d 558); Gillon v. Johns, 105 Ga. App. 599 (125 SE2d 70).

Accordingly, the bill of exceptions must be and it is hereby

Dismissed.

Nichols, P. J., and Russell, J., concur. Doyle C. Brown, for plaintiff in error. Sam J. Welch, contra.

Cite This Page — Counsel Stack

Bluebook (online)

136 S.E.2d 535, 109 Ga. App. 570, 1964 Ga. App. LEXIS 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-welsch-gactapp-1964.

Opinion

Related

Cite This Page — Counsel Stack