Clay v. Merchants Mutual Credit Corp.

72 S.E.2d 833, 86 Ga. App. 832, 1952 Ga. App. LEXIS 1076
CourtCourt of Appeals of Georgia
DecidedSeptember 26, 1952
Docket34168
StatusPublished
Cited by2 cases

This text of 72 S.E.2d 833 (Clay v. Merchants Mutual Credit Corp.) 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
Clay v. Merchants Mutual Credit Corp., 72 S.E.2d 833, 86 Ga. App. 832, 1952 Ga. App. LEXIS 1076 (Ga. Ct. App. 1952).

Opinion

Worrill, J.

1. Where the defendant excepted to a judgment overruling his general demurrer to the plaintiff’s petition but failed to argue or insist upon that ground of exception before this court, the judgment of the trial court overruling such general demurrers will be affirmed. See Code (Ann.), § 6-1308, and cases cited under catchword “Abandonment.”

2. “An assignment of error on a judgment striking an answer can not be made in a bill of exceptions assigning error on a judgment overruling a general demurrer to a petition. Wright v. Morris, 50 Ga. App. 196 (3) (77 S. E. 365).” Cooledge v. Casey, 58 Ga. App. 134 (2), 137 (198 S. E. 96).

Judgment affirmed.

Sutton, C.J., and Felton, J., concur.

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Related

Pate v. Brock
98 S.E.2d 404 (Court of Appeals of Georgia, 1957)
Gay v. Greene
84 S.E.2d 847 (Court of Appeals of Georgia, 1954)

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Bluebook (online)
72 S.E.2d 833, 86 Ga. App. 832, 1952 Ga. App. LEXIS 1076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clay-v-merchants-mutual-credit-corp-gactapp-1952.