Columbia-Southern Chemical Corp. v. Dickens

Court of Appeals of Georgia

Columbia-Southern Chemical Corp. v. Dickens

138 S.E.2d 113, 110 Ga. App. 252, 1964 Ga. App. LEXIS 586

CourtCourt of Appeals of Georgia

DecidedSeptember 9, 1964

Docket40812

StatusPublished

This text of 138 S.E.2d 113 (Columbia-Southern Chemical Corp. v. Dickens) 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.

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Columbia-Southern Chemical Corp. v. Dickens, 138 S.E.2d 113, 110 Ga. App. 252, 1964 Ga. App. LEXIS 586 (Ga. Ct. App. 1964).

Pincite

Opinion

Pannell, Judge.

A special demurrer to a paragraph of the petition relating to the measure of damages was overruled. After verdict and judgment for the plaintiff, the defendant brought the case to this court by bill of exceptions assigning error on the overruling of the special demurrer as controlling the verdict and judgment. There is no brief of the evidence in the record. A motion was made to dismiss the writ of error.

Under the ruling of the Supreme Court in Whitner v. Whitner, 207 Ga. 97 (60 SE2d 464), the brief of the evidence is necessary for a consideration of a’ writ of error assigning error on an order overruling a special demurrer, and under such circumstances the judgment of the trial court should be affirmed and the writ of error should not be dismissed on motion. See in this connection, Morrow v. American Tire Co., 106 Ga. App. 788 (3) (128 SE2d 342).

The motion to dismiss the writ of error is overruled and the judgment of the trial court is affirmed.

Judgment affirmed.

Nichols, P. J., and Frankum, J., concur.

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