Jennings v. Jennings

Supreme Court of Georgia

Jennings v. Jennings

150 S.E. 552, 169 Ga. 377, 1929 Ga. LEXIS 362

CourtSupreme Court of Georgia

DecidedNovember 13, 1929

DocketNo. 7055

StatusPublished

Cited by3 cases

This text of 150 S.E. 552 (Jennings v. Jennings) 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

Jennings v. Jennings, 150 S.E. 552, 169 Ga. 377, 1929 Ga. LEXIS 362 (Ga. 1929).

Pincite

Opinion

Hill, J.

Leila Jennings filed a petition for statutory partition against Robert Jennings et al. The respondents filed an answer. The issue raised by the petition and answer involves title to land. The applicant filed a demurrer to the answer, and the court passed an order sustaining the demurrer and striking the answer, and appointing five freeholders as commissioners to partition the lands involved. To this order the respondents excepted, and brought the case to the Supreme Court. The order excepted to is not such a final judgment as will authorize the respondents to sue out a direct bill of exceptions; and the writ having been prematurely sued out, it will be dismissed. Johnson v. Merchants & Farmers Bank, 141 Ga. 721 (81 S. E. 873), and cit. Leave, however, is granted to enter the official copy of the bill of exceptions retained in the superior court, as exceptions pendente lite; and direction is given accordingly. Heaton v. Haisten, 143 Ga. 589 (85 S. E. 765).

Writ of error dismissed, with direction.

All the Justices concur.

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Hill, J.

Leila Jennings filed a petition for statutory partition against Robert Jennings et al. The respondents filed an answer. The issue raised by the petition and answer involves title to land. The applicant filed a demurrer to the answer, and the court passed an order sustaining the demurrer and striking the answer, and appointing five freeholders as commissioners to partition the lands involved. To this order the respondents excepted, and brought the case to the Supreme Court. The order excepted to is not such a final judgment as will authorize the respondents to sue out a direct bill of exceptions; and the writ having been prematurely sued out, it will be dismissed. Johnson v. Merchants & Farmers Bank, 141 Ga. 721 (81 S. E. 873), and cit. Leave, however, is granted to enter the official copy of the bill of exceptions retained in the superior court, as exceptions pendente lite; and direction is given accordingly. Heaton v. Haisten, 143 Ga. 589 (85 S. E. 765).

Writ of error dismissed, with direction.

All the Justices concur.

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Bluebook (online)

150 S.E. 552, 169 Ga. 377, 1929 Ga. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennings-v-jennings-ga-1929.

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