Carter v. Walker

Supreme Court of Georgia

Carter v. Walker

76 S.E.2d 401, 209 Ga. 807, 1953 Ga. LEXIS 412

CourtSupreme Court of Georgia

DecidedJune 8, 1953

DocketNo. 18224

StatusPublished

This text of 76 S.E.2d 401 (Carter v. Walker) 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

Carter v. Walker, 76 S.E.2d 401, 209 Ga. 807, 1953 Ga. LEXIS 412 (Ga. 1953).

Pincite

Opinion

Wyatt, Justice.

1. Where it is apparent that this court is without jurisdiction, it is the duty of the court on its own motion to raise such question, and to dismiss the writ of error. Adams v. Adams, 206 Ga. 857 (2) (59 S. E. 2d, 375).

2. The refusal of a trial court, on motion of the plaintiffs, to dismiss a general demurrer to a petition, is not a final judgment within the meaning of the Code, § 6-701, from which a bill of exceptions assigning error thereon will lie.

3. Accordingly, where, as here, the trial court refused to dismiss a general demurrer, to which ruling the plaintiffs filed exceptions pendente lite, and where thereafter the court rendered a final judgment sustaining the general demurrer and dismissing the action, and the plaintiffs in the bill of exceptions assigned error only upon the exceptions pendente lite, but failed to assign error upon the final judgment, the writ of error must be dismissed. Davis v. State, 191 Ga. 558 (3) (13 S. E. 2d, 351), and cases cited.

Writ oj eiror dismissed.

All the Justices concur, except Atkinson, P. J., not participating.

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Wyatt, Justice.

1. Where it is apparent that this court is without jurisdiction, it is the duty of the court on its own motion to raise such question, and to dismiss the writ of error. Adams v. Adams, 206 Ga. 857 (2) (59 S. E. 2d, 375).

2. The refusal of a trial court, on motion of the plaintiffs, to dismiss a general demurrer to a petition, is not a final judgment within the meaning of the Code, § 6-701, from which a bill of exceptions assigning error thereon will lie.

3. Accordingly, where, as here, the trial court refused to dismiss a general demurrer, to which ruling the plaintiffs filed exceptions pendente lite, and where thereafter the court rendered a final judgment sustaining the general demurrer and dismissing the action, and the plaintiffs in the bill of exceptions assigned error only upon the exceptions pendente lite, but failed to assign error upon the final judgment, the writ of error must be dismissed. Davis v. State, 191 Ga. 558 (3) (13 S. E. 2d, 351), and cases cited.

Writ oj eiror dismissed.

All the Justices concur, except Atkinson, P. J., not participating.

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Bluebook (online)

76 S.E.2d 401, 209 Ga. 807, 1953 Ga. LEXIS 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-walker-ga-1953.

Opinion

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