Lawrenceville Cotton Co. v. Southern Railway Co.

Court of Appeals of Georgia

Lawrenceville Cotton Co. v. Southern Railway Co.

129 S.E. 290, 34 Ga. App. 333, 1925 Ga. App. LEXIS 253

CourtCourt of Appeals of Georgia

DecidedSeptember 9, 1925

Docket16349

StatusPublished

Cited by2 cases

This text of 129 S.E. 290 (Lawrenceville Cotton Co. v. Southern Railway 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

Lawrenceville Cotton Co. v. Southern Railway Co., 129 S.E. 290, 34 Ga. App. 333, 1925 Ga. App. LEXIS 253 (Ga. Ct. App. 1925).

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Opinion

Bell, J.

This court is without jurisdiction to entertain a bill of exceptions which fails to assign error upon a final judgment. Civil Code (1910), § 6138. A judgment striking a plea is not a final judgment. The instant bill of exceptions, having complained only of the judgment striking, the defendant’s plea, must be dismissed; and this is true even though it appears in the record that the case was finally terminated by a judgment in favor of the plaintiff. Pierce v. Felts, 23 Ga. App. 665 (99 S. E. 139).

Writ of error dismissed.

Jenhins, P. J., and Stephens, J., concur.

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Bell, J.

This court is without jurisdiction to entertain a bill of exceptions which fails to assign error upon a final judgment. Civil Code (1910), § 6138. A judgment striking a plea is not a final judgment. The instant bill of exceptions, having complained only of the judgment striking, the defendant’s plea, must be dismissed; and this is true even though it appears in the record that the case was finally terminated by a judgment in favor of the plaintiff. Pierce v. Felts, 23 Ga. App. 665 (99 S. E. 139).

Writ of error dismissed.

Jenhins, P. J., and Stephens, J., concur.

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Bluebook (online)

129 S.E. 290, 34 Ga. App. 333, 1925 Ga. App. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrenceville-cotton-co-v-southern-railway-co-gactapp-1925.

Opinion

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