Felker v. Malcolm

Supreme Court of Georgia

Felker v. Malcolm

1 S.E.2d 753, 187 Ga. 628, 1939 Ga. LEXIS 449

CourtSupreme Court of Georgia

DecidedFebruary 23, 1939

DocketNo. 12677

StatusPublished

Cited by1 cases

This text of 1 S.E.2d 753 (Felker v. Malcolm) 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

Felker v. Malcolm, 1 S.E.2d 753, 187 Ga. 628, 1939 Ga. LEXIS 449 (Ga. 1939).

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Opinion

Bell, Justice.

The briefs hied by the plaintiff in error contained statements indicating that this case was settled after rendition of the judgment complained of. In the circumstances, a rule nisi was issued by this court and notice given thereof by mail to the attorneys for each of the parties, calling upon them to inform the court as to whether the ease had been settled, and, if so, to show why it should not be dismissed as having become moot, the rule being made returnable February 6, 1939. The attorneys for each of the defendants in error having responded with statements showing that the case has been settled, and no response having been made by the plaintiff in error, it will be presumed that the statements made in behalf of the defendants in error are true. Treating them as true, the issues presented have become moot, and the writ of error should be dismissed. Haygood v. Stone, 164 Ga. 734 (139 S. E. 426); Earle v. Muse, 182 Ga. 492 (185 S. E. 799).

Writ of error dismissed.

All the Justices concur.

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Bell, Justice.

The briefs hied by the plaintiff in error contained statements indicating that this case was settled after rendition of the judgment complained of. In the circumstances, a rule nisi was issued by this court and notice given thereof by mail to the attorneys for each of the parties, calling upon them to inform the court as to whether the ease had been settled, and, if so, to show why it should not be dismissed as having become moot, the rule being made returnable February 6, 1939. The attorneys for each of the defendants in error having responded with statements showing that the case has been settled, and no response having been made by the plaintiff in error, it will be presumed that the statements made in behalf of the defendants in error are true. Treating them as true, the issues presented have become moot, and the writ of error should be dismissed. Haygood v. Stone, 164 Ga. 734 (139 S. E. 426); Earle v. Muse, 182 Ga. 492 (185 S. E. 799).

Writ of error dismissed.

All the Justices concur.

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Bluebook (online)

1 S.E.2d 753, 187 Ga. 628, 1939 Ga. LEXIS 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felker-v-malcolm-ga-1939.

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