Cauble v. Weimer

Supreme Court of Georgia

Cauble v. Weimer

112 S.E.2d 584, 215 Ga. 651, 1960 Ga. LEXIS 293

CourtSupreme Court of Georgia

DecidedJanuary 12, 1960

Docket20765

StatusPublished

Cited by1 cases

This text of 112 S.E.2d 584 (Cauble v. Weimer) 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

Cauble v. Weimer, 112 S.E.2d 584, 215 Ga. 651, 1960 Ga. LEXIS 293 (Ga. 1960).

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Opinion

Candler, Justice.

Originally this litigation was filed for both legal and equitable relief. On its prior appearance this court held that the trial judge erred in overruling a general demurrer to the petition. Weimer v. Cauble, 214 Ga. 634 (106 S. E. 2d 781). Since that decision was rendered, all equitable features of the case have been eliminated by a consent judgment rendered in the cause on February 6, 1959, and it is recited in the plaintiff’s bill of exceptions, which was made returnable to the Court of Appeals, that the plaintiff seeks only a money judgment against the defendant, and the case was transferred by the Court of Appeals to this court without an opinion. In these circumstances, the Court of Appeals and not this court has jurisdiction of the writ of error, and it is accordingly

Returned to that court for decision.

All the Justices concur.

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Candler, Justice.

Originally this litigation was filed for both legal and equitable relief. On its prior appearance this court held that the trial judge erred in overruling a general demurrer to the petition. Weimer v. Cauble, 214 Ga. 634 (106 S. E. 2d 781). Since that decision was rendered, all equitable features of the case have been eliminated by a consent judgment rendered in the cause on February 6, 1959, and it is recited in the plaintiff’s bill of exceptions, which was made returnable to the Court of Appeals, that the plaintiff seeks only a money judgment against the defendant, and the case was transferred by the Court of Appeals to this court without an opinion. In these circumstances, the Court of Appeals and not this court has jurisdiction of the writ of error, and it is accordingly

Returned to that court for decision.

All the Justices concur.

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Bluebook (online)

112 S.E.2d 584, 215 Ga. 651, 1960 Ga. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cauble-v-weimer-ga-1960.

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