Jackson Electric Membership Corp. v. Mathews

Supreme Court of Georgia

Jackson Electric Membership Corp. v. Mathews

89 S.E.2d 494, 211 Ga. 861, 1955 Ga. LEXIS 490

CourtSupreme Court of Georgia

DecidedOctober 10, 1955

Docket19046

StatusPublished

Cited by1 cases

This text of 89 S.E.2d 494 (Jackson Electric Membership Corp. v. Mathews) 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

Jackson Electric Membership Corp. v. Mathews, 89 S.E.2d 494, 211 Ga. 861, 1955 Ga. LEXIS 490 (Ga. 1955).

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Opinion

Mobley, Justice.

Where a bill of exceptions — assigning error on a judgment rendered June 27, 1953 (prior to passage of the act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 453), abolishing exceptions pendente lite, and no exceptions pendente lite having been preserved), which judgment overruled a general demurrer to a petition for mandamus, seeking to compel the construction of an electric line to petitioners’ home and, if necessary, the bringing of condemnation proceedings against adjoining landowners for a right-of-way to run the line — was dismissed by the Supreme Court as having been prematurely brought (Jackson Electric Membership Corp. v. Mathews, 210 Ga. 171, 78 S. E. 2d 514), such judgment became the law of the case in this respect. West v. Standard Accident Ins. Co., 176 Ga. 755 (168 S. E. 766); McFall v. Griffin, 209 Ga. 83 (70 S. E. 2d 772); Gaulding v. Gaulding, 210 Ga. 638 (81 S. E. 2d 830). Accordingly it was only necessary for the petitioners to prove the material allegations of the petition; and where the uncontroverted evidence supported the allegations of the petition, a verdict in favor of the petitioners was demanded. The trial court, therefore, did not err in denying the defendant’s amended motion for new trial and in decreeing performance by the defendant as prayed in the petition.

Judgment affirmed.

All the Justices concur.

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Mobley, Justice.

Where a bill of exceptions — assigning error on a judgment rendered June 27, 1953 (prior to passage of the act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 453), abolishing exceptions pendente lite, and no exceptions pendente lite having been preserved), which judgment overruled a general demurrer to a petition for mandamus, seeking to compel the construction of an electric line to petitioners’ home and, if necessary, the bringing of condemnation proceedings against adjoining landowners for a right-of-way to run the line — was dismissed by the Supreme Court as having been prematurely brought (Jackson Electric Membership Corp. v. Mathews, 210 Ga. 171, 78 S. E. 2d 514), such judgment became the law of the case in this respect. West v. Standard Accident Ins. Co., 176 Ga. 755 (168 S. E. 766); McFall v. Griffin, 209 Ga. 83 (70 S. E. 2d 772); Gaulding v. Gaulding, 210 Ga. 638 (81 S. E. 2d 830). Accordingly it was only necessary for the petitioners to prove the material allegations of the petition; and where the uncontroverted evidence supported the allegations of the petition, a verdict in favor of the petitioners was demanded. The trial court, therefore, did not err in denying the defendant’s amended motion for new trial and in decreeing performance by the defendant as prayed in the petition.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

89 S.E.2d 494, 211 Ga. 861, 1955 Ga. LEXIS 490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-electric-membership-corp-v-mathews-ga-1955.

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