Clay v. Merchants Mutual Credit Corp.
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.
Opinion
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.
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Cite This Page — Counsel Stack
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.