DeKalb Supply Co. v. Moore

Supreme Court of Georgia

DeKalb Supply Co. v. Moore

134 S.E. 620, 162 Ga. 758, 1926 Ga. LEXIS 275

CourtSupreme Court of Georgia

DecidedSeptember 23, 1926

DocketNo. 5127

StatusPublished

Cited by2 cases

This text of 134 S.E. 620 (DeKalb Supply Co. v. Moore) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

DeKalb Supply Co. v. Moore, 134 S.E. 620, 162 Ga. 758, 1926 Ga. LEXIS 275 (Ga. 1926).

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Opinions

Per Curiam.

The plaintiff having failed to prove the case as laid in her petition, the trial comrt did not err in granting a nonsuit and the Court of Appeals erred in reversing that judgment.

Judgment reversed.

All the Justices concur, except Beck, P. J., and Gilbert, J., dissenting.

Beck, P. J.

The only question in this case is one of fact depending upon the evidence; and under rulings of this court previously made, the certiorari should be dismissed as having been improvidently granted. But since the majority of the court have decided to retain the case for decision, I dissent from the ruling finally made, being of the opinion that the jury under the evidence was authorized to find that the case as made in the declaration had been proved. Whether a cause of action was stated in the declaration we do not decide, inasmuch as a general demurrer thereto had been overruled by the court below, and to this judgment no exception was taken by the defendant.

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Per Curiam.

The plaintiff having failed to prove the case as laid in her petition, the trial comrt did not err in granting a nonsuit and the Court of Appeals erred in reversing that judgment.

Judgment reversed.

All the Justices concur, except Beck, P. J., and Gilbert, J., dissenting.

Beck, P. J.

The only question in this case is one of fact depending upon the evidence; and under rulings of this court previously made, the certiorari should be dismissed as having been improvidently granted. But since the majority of the court have decided to retain the case for decision, I dissent from the ruling finally made, being of the opinion that the jury under the evidence was authorized to find that the case as made in the declaration had been proved. Whether a cause of action was stated in the declaration we do not decide, inasmuch as a general demurrer thereto had been overruled by the court below, and to this judgment no exception was taken by the defendant.

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Bluebook (online)

134 S.E. 620, 162 Ga. 758, 1926 Ga. LEXIS 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dekalb-supply-co-v-moore-ga-1926.

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