City of Summerville v. Georgia Power Company

Court of Appeals of Georgia

City of Summerville v. Georgia Power Company

41 S.E.2d 911, 75 Ga. App. 91

CourtCourt of Appeals of Georgia

DecidedMarch 21, 1947

Docket31553.

StatusPublished

Cited by1 cases

This text of 41 S.E.2d 911 (City of Summerville v. Georgia Power Company) 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

City of Summerville v. Georgia Power Company, 41 S.E.2d 911, 75 Ga. App. 91 (Ga. Ct. App. 1947).

Pincite

Opinion

Felton, J:

Where the only questions presented for review by this court arise from the judgments of the court below, overruling a demurrer to a traverse of a sheriff’s return, in the nature of a plea in abatement and a special plea to the jurisdiction, and finding in favor of the traverse and quashing, striking, and setting aside the sheriff’s return, and it appears that a reversal of neither of these judgments would operate to terminate the main case, but would leave the same still pending, the writ of error is premature and must be dismissed. Ross v. Mercer, 115 Ga. 353 (41 S. E. 594) ; Overstreet v. Patterson, 54 Ga. App. .318 (187 S. E. 703) ; C. I. T. Corp. v. Smith, 68 Ga. App. 556 (23 S. E. 503) ; Wages v. Davison Chemical Corp., 71 Ga. App. 30 (29 S. E. 2d, 713) ; Douglas v. Hardin, 163 Ga. 643 (136 S. E. 793).

Writ of error dismissed.

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

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

Felton, J:

Where the only questions presented for review by this court arise from the judgments of the court below, overruling a demurrer to a traverse of a sheriff’s return, in the nature of a plea in abatement and a special plea to the jurisdiction, and finding in favor of the traverse and quashing, striking, and setting aside the sheriff’s return, and it appears that a reversal of neither of these judgments would operate to terminate the main case, but would leave the same still pending, the writ of error is premature and must be dismissed. Ross v. Mercer, 115 Ga. 353 (41 S. E. 594) ; Overstreet v. Patterson, 54 Ga. App. .318 (187 S. E. 703) ; C. I. T. Corp. v. Smith, 68 Ga. App. 556 (23 S. E. 503) ; Wages v. Davison Chemical Corp., 71 Ga. App. 30 (29 S. E. 2d, 713) ; Douglas v. Hardin, 163 Ga. 643 (136 S. E. 793).

Writ of error dismissed.

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

Cite This Page — Counsel Stack

Bluebook (online)

41 S.E.2d 911, 75 Ga. App. 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-summerville-v-georgia-power-company-gactapp-1947.

Opinion

Related

Cite This Page — Counsel Stack