Griffin v. Tyson

Court of Appeals of Georgia

Griffin v. Tyson

112 S.E.2d 780, 101 Ga. App. 91, 1960 Ga. App. LEXIS 799

CourtCourt of Appeals of Georgia

DecidedJanuary 22, 1960

Docket38032

StatusPublished

Cited by1 cases

This text of 112 S.E.2d 780 (Griffin v. Tyson) 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

Griffin v. Tyson, 112 S.E.2d 780, 101 Ga. App. 91, 1960 Ga. App. LEXIS 799 (Ga. Ct. App. 1960).

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Opinion

Quillian, Judge.

William L. Griffin filed a petition in the Superior Court of Chatham County against William G. Tyson for damages growing out of an illegal operation performed on the plaintiff’s wife. The operation was alleged to be an abortion which destroyed the quick foetus in the womb of the plaintiff’s wife. The defendant filed an answer, general and special demurrers, and also a motion to strike certain portions of the petition. The demurrers and motion were heard on September 10, 1959, and after argument the trial court entered an order overruling the general demurrer, but sustained several of the special demurrers and motion to strike. The order further allowed 15 days for the plaintiff to amend, otherwise, the same shall stand dismissed. No amendment is shown in the record and no further judgment of the trial court. The only assignment of error is to the order of September 10, 1959. Held:

[92]*92Decided January 22, 1960. John J. Sullivan, for plaintiff in error. Aaron Kravitch, contra.

“Where it does not appear from the record that the trial court has rendered a judgment on the sufficiency of the pleadings after the expiration of the time allowed for amendment and where there is no assignment of error on any such subsequent order, the writ of error is premature and must be dismissed by this court. Weinstein v. Rothberg, 87 Ga. App. 94, 97 (73 S. E. 2d 106).” Motels, Inc. v. Shadrick, 96 Ga. App. 464 (100 S. E. 2d 592); Levy v. Logan, 98 Ga. App. 584 (106 S. E. 2d 185).

Writ of error dismissed.

Felton, C. J., and Nichols, J., concur.

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Quillian, Judge.

William L. Griffin filed a petition in the Superior Court of Chatham County against William G. Tyson for damages growing out of an illegal operation performed on the plaintiff’s wife. The operation was alleged to be an abortion which destroyed the quick foetus in the womb of the plaintiff’s wife. The defendant filed an answer, general and special demurrers, and also a motion to strike certain portions of the petition. The demurrers and motion were heard on September 10, 1959, and after argument the trial court entered an order overruling the general demurrer, but sustained several of the special demurrers and motion to strike. The order further allowed 15 days for the plaintiff to amend, otherwise, the same shall stand dismissed. No amendment is shown in the record and no further judgment of the trial court. The only assignment of error is to the order of September 10, 1959. Held:

[92]*92Decided January 22, 1960. John J. Sullivan, for plaintiff in error. Aaron Kravitch, contra.

“Where it does not appear from the record that the trial court has rendered a judgment on the sufficiency of the pleadings after the expiration of the time allowed for amendment and where there is no assignment of error on any such subsequent order, the writ of error is premature and must be dismissed by this court. Weinstein v. Rothberg, 87 Ga. App. 94, 97 (73 S. E. 2d 106).” Motels, Inc. v. Shadrick, 96 Ga. App. 464 (100 S. E. 2d 592); Levy v. Logan, 98 Ga. App. 584 (106 S. E. 2d 185).

Writ of error dismissed.

Felton, C. J., and Nichols, J., concur.

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Bluebook (online)

112 S.E.2d 780, 101 Ga. App. 91, 1960 Ga. App. LEXIS 799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-tyson-gactapp-1960.

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