Kelly v. Georgia Railway & Power Co.

Court of Appeals of Georgia

Kelly v. Georgia Railway & Power Co.

105 S.E. 638, 26 Ga. App. 115, 1921 Ga. App. LEXIS 2

CourtCourt of Appeals of Georgia

DecidedJanuary 20, 1921

Docket10420

StatusPublished

This text of 105 S.E. 638 (Kelly v. Georgia Railway & Power Co.) 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

Kelly v. Georgia Railway & Power Co., 105 S.E. 638, 26 Ga. App. 115, 1921 Ga. App. LEXIS 2 (Ga. Ct. App. 1921).

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Opinion

Stephens, J.

This court having held that the bill of exceptions in' this case duly assigned error upon a final judgment, and that the trial judge had erred in sustaining the defendant’s demurrer to the petition upon the ground of misjoinder of actions' and parties (24 Ga. App. 439, 101 S. E. 401), and the Supreme Court on certiorari having reversed the judgment of this court, holding only that the bill of exceptions was premature and that this court was without jurisdiction on such writ of error to decide the merits of the demurrer (Georgia Railway & Power Co. v. Kelley, 150 Ga. 698, 105 S. E. 300), the judgment of reversal originally rendered by this court must be vacated, and the writ of error dismissed.

Writ of error dismissed.

Jenkins, P. J., and Hill, J., eoneur.

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Stephens, J.

This court having held that the bill of exceptions in' this case duly assigned error upon a final judgment, and that the trial judge had erred in sustaining the defendant’s demurrer to the petition upon the ground of misjoinder of actions' and parties (24 Ga. App. 439, 101 S. E. 401), and the Supreme Court on certiorari having reversed the judgment of this court, holding only that the bill of exceptions was premature and that this court was without jurisdiction on such writ of error to decide the merits of the demurrer (Georgia Railway & Power Co. v. Kelley, 150 Ga. 698, 105 S. E. 300), the judgment of reversal originally rendered by this court must be vacated, and the writ of error dismissed.

Writ of error dismissed.

Jenkins, P. J., and Hill, J., eoneur.

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Bluebook (online)

105 S.E. 638, 26 Ga. App. 115, 1921 Ga. App. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-georgia-railway-power-co-gactapp-1921.

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