Crane v. Smith

Court of Appeals of Georgia

Crane v. Smith

97 S.E. 80, 22 Ga. App. 679, 1918 Ga. App. LEXIS 679

CourtCourt of Appeals of Georgia

DecidedOctober 15, 1918

Docket9905

StatusPublished

This text of 97 S.E. 80 (Crane v. Smith) 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

Crane v. Smith, 97 S.E. 80, 22 Ga. App. 679, 1918 Ga. App. LEXIS 679 (Ga. Ct. App. 1918).

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Opinion

Luke, J.

Where a petition was attacked by demurrer upon the ground that causes of action ex contractu and ex delicto were joined^ therein, and the court, on hearing the demurrer, rendered a judgment “that there be stricken both, from the amendment and the original petition all allegations seeking to recover upon grounds ex delicto, and the special demurrers complaining as to the general damages be and the same are hereby sustained,” and there was no exception to the judgment, it became the law of the case. And where, at a subsequent term of the court, the plaintiff announced in open court that he did not insist on damages ex contractu, but insisted on damages ex delicto, arising out of a breach of the contract, it was not error for the court to sustain a demurrer and dismiss the petition as amended. See Colquitt v. Georgia Railway Power Co., 146 Ga. 249 (91 S. E. 70).

Judgment affirmed.

Wade, C. J., and Jenhins, J., concur.

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Luke, J.

Where a petition was attacked by demurrer upon the ground that causes of action ex contractu and ex delicto were joined^ therein, and the court, on hearing the demurrer, rendered a judgment “that there be stricken both, from the amendment and the original petition all allegations seeking to recover upon grounds ex delicto, and the special demurrers complaining as to the general damages be and the same are hereby sustained,” and there was no exception to the judgment, it became the law of the case. And where, at a subsequent term of the court, the plaintiff announced in open court that he did not insist on damages ex contractu, but insisted on damages ex delicto, arising out of a breach of the contract, it was not error for the court to sustain a demurrer and dismiss the petition as amended. See Colquitt v. Georgia Railway Power Co., 146 Ga. 249 (91 S. E. 70).

Judgment affirmed.

Wade, C. J., and Jenhins, J., concur.

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97 S.E. 80, 22 Ga. App. 679, 1918 Ga. App. LEXIS 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crane-v-smith-gactapp-1918.

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