Brunswick & Western Railroad v. Hart Lumber Co.

Court of Appeals of Georgia

Brunswick & Western Railroad v. Hart Lumber Co.

65 S.E. 299, 6 Ga. App. 583, 1909 Ga. App. LEXIS 399

CourtCourt of Appeals of Georgia

DecidedJuly 31, 1909

Docket1379

StatusPublished

This text of 65 S.E. 299 (Brunswick & Western Railroad v. Hart Lumber Co.) 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

Brunswick & Western Railroad v. Hart Lumber Co., 65 S.E. 299, 6 Ga. App. 583, 1909 Ga. App. LEXIS 399 (Ga. Ct. App. 1909).

Pincite

Opinion

Russelx., J.

1. The original answer was not subject to the objection that it stated no defense.

2. Where this court held that one paragraph of the answer was subject to a special demurrer filed as to it, and the judgment of this court was made the judgment of the court below, by formal order entered on the remittitur, the effect was to strike the paragraph from the plea. This, however, did not preclude the defendant from filing subsequently a new amendatory plea or answer, in which the defense he had originally sought to set up was amplified and made more definite.

3. Tlie special demurrer to the amendment was itself not sufficiently specific.

Judgment affirmed.

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Russelx., J.

1. The original answer was not subject to the objection that it stated no defense.

2. Where this court held that one paragraph of the answer was subject to a special demurrer filed as to it, and the judgment of this court was made the judgment of the court below, by formal order entered on the remittitur, the effect was to strike the paragraph from the plea. This, however, did not preclude the defendant from filing subsequently a new amendatory plea or answer, in which the defense he had originally sought to set up was amplified and made more definite.

3. Tlie special demurrer to the amendment was itself not sufficiently specific.

Judgment affirmed.

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Bluebook (online)

65 S.E. 299, 6 Ga. App. 583, 1909 Ga. App. LEXIS 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brunswick-western-railroad-v-hart-lumber-co-gactapp-1909.