Georgia Power Company v. Roper

Court of Appeals of Georgia

Georgia Power Company v. Roper

41 S.E.2d 342, 74 Ga. App. 750, 1947 Ga. App. LEXIS 690

CourtCourt of Appeals of Georgia

DecidedFebruary 6, 1947

Docket31169.

StatusPublished

This text of 41 S.E.2d 342 (Georgia Power Company v. Roper) 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

Georgia Power Company v. Roper, 41 S.E.2d 342, 74 Ga. App. 750, 1947 Ga. App. LEXIS 690 (Ga. Ct. App. 1947).

Pincite

Opinion

Parker, J.

1. This court, by a divided bench, rendered an opinion and entered a judgment in this case affirming the trial court in overruling the demurrers of the defendant to the plaintiff’s petition. Georgia Power Co. v. Roper, 73 Ga. App. 826 (38 S. E. 2d, 91). The Supreme Court granted a certiorari, and having, by a divided bench, reversed that judgment (Georgia Power Co. v. Roper, 201 Ga. — 41 S. E. 2d, 226), the judgment of affirmance originally entered by this court is vacated.

2. The trial court erred in overruling the defendant’s demurrers and in not dismissing the petition, for the reasons stated in the opinion of the Supreme Court.

Judgment reversed.

Sutton, P. J., MacIntyre, Felton and Gardner, JJ., concur. Broyles, C. J., disqualified.

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