Carver v. Bone

Court of Appeals of Georgia

Carver v. Bone

37 S.E.2d 371, 73 Ga. App. 550, 1946 Ga. App. LEXIS 356

CourtCourt of Appeals of Georgia

DecidedMarch 13, 1946

Docket31192.

StatusPublished

Cited by3 cases

This text of 37 S.E.2d 371 (Carver v. Bone) 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

Carver v. Bone, 37 S.E.2d 371, 73 Ga. App. 550, 1946 Ga. App. LEXIS 356 (Ga. Ct. App. 1946).

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Opinion

Felton, J.

Where the only assignment of error in the bill of exceptions is to the overruling of the plaintiff’s demurrer to the cross-action of one of the defendants, and the plaintiff’s original petition is still pending in the trial court, the writ of error is premature and this court is without jurisdiction to consider and determine the same. Code, § 6-701; Byrd v. Equitable Life Assurance Society, 184 Ga. 178 (190 S. E. 584), and cases cited. See especially Bellinger v. Eblin, 158 Ga. 657 (124 S. E. 137).

The request that the official copy of the bill of exceptions be allowed to be filed as exceptions pendente lite upon the return of the remittitur is granted, and it is so ordered.

Writ of error dismissed, with direction.

Sutton, P. J., and Parker, J., concur.

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Felton, J.

Where the only assignment of error in the bill of exceptions is to the overruling of the plaintiff’s demurrer to the cross-action of one of the defendants, and the plaintiff’s original petition is still pending in the trial court, the writ of error is premature and this court is without jurisdiction to consider and determine the same. Code, § 6-701; Byrd v. Equitable Life Assurance Society, 184 Ga. 178 (190 S. E. 584), and cases cited. See especially Bellinger v. Eblin, 158 Ga. 657 (124 S. E. 137).

The request that the official copy of the bill of exceptions be allowed to be filed as exceptions pendente lite upon the return of the remittitur is granted, and it is so ordered.

Writ of error dismissed, with direction.

Sutton, P. J., and Parker, J., concur.

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Bluebook (online)

37 S.E.2d 371, 73 Ga. App. 550, 1946 Ga. App. LEXIS 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carver-v-bone-gactapp-1946.

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