Foster v. Sumner

Court of Appeals of Georgia

Foster v. Sumner

75 S.E.2d 838, 88 Ga. App. 5, 1953 Ga. App. LEXIS 991

CourtCourt of Appeals of Georgia

DecidedApril 11, 1953

Docket34475

StatusPublished

Cited by1 cases

This text of 75 S.E.2d 838 (Foster v. Sumner) 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

Foster v. Sumner, 75 S.E.2d 838, 88 Ga. App. 5, 1953 Ga. App. LEXIS 991 (Ga. Ct. App. 1953).

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Opinion

Carlisle, J.

“Where the errors complained of in a bill of exceptions are, that the trial judge erred in overruling a demurrer to a motion to set aside a judgment previously rendered . . and in setting aside such judgment and opening . . [the] default, and the bill of exceptions fails to show that the case was ever tried in the trial court after the default was opened, or that any final judgment has ever been rendered in the case, such bill of exceptions is premature, and the Supreme Court is without jurisdiction to entertain it.” Bell v. Stewart, 116 Ga. 714 (43 S. E. 70). The present bill of exceptions comes squarely within the above-stated ruling in its exceptions and its failure to show that the case has been tried or other final judgment rendered, and must, upon motion, be dismissed as premature.

Writ oj error dismissed.

Gardner, P. J_, and Townsend, J., concur.

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Carlisle, J.

“Where the errors complained of in a bill of exceptions are, that the trial judge erred in overruling a demurrer to a motion to set aside a judgment previously rendered . . and in setting aside such judgment and opening . . [the] default, and the bill of exceptions fails to show that the case was ever tried in the trial court after the default was opened, or that any final judgment has ever been rendered in the case, such bill of exceptions is premature, and the Supreme Court is without jurisdiction to entertain it.” Bell v. Stewart, 116 Ga. 714 (43 S. E. 70). The present bill of exceptions comes squarely within the above-stated ruling in its exceptions and its failure to show that the case has been tried or other final judgment rendered, and must, upon motion, be dismissed as premature.

Writ oj error dismissed.

Gardner, P. J_, and Townsend, J., concur.

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Bluebook (online)

75 S.E.2d 838, 88 Ga. App. 5, 1953 Ga. App. LEXIS 991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-sumner-gactapp-1953.

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