Mavity v. Associates Discount Corp.

Supreme Court of Georgia

Mavity v. Associates Discount Corp.

86 S.E.2d 325, 211 Ga. 471, 1955 Ga. LEXIS 357

CourtSupreme Court of Georgia

DecidedMarch 15, 1955

Docket18877

StatusPublished

Cited by1 cases

This text of 86 S.E.2d 325 (Mavity v. Associates Discount Corp.) 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

Mavity v. Associates Discount Corp., 86 S.E.2d 325, 211 Ga. 471, 1955 Ga. LEXIS 357 (Ga. 1955).

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Opinion

Candler, Justice.

Mrs. Evelyn Mavity filed a suit against Associates Discount Corporation to cancel certain notes and deeds and for other equitable relief. The defendant, in due time, answered the petition. The plaintiff demurred generally to the defendant's answer and moved to strike it. The defendant amended its answer, and the plaintiff renewed her demurrer to the answer as amended and interposed three other grounds of demurrer. The court sustained one special ground of the demurrer, with leave to amend in 10 days, and overruled the others. The plaintiff excepted to that part of the judgment which overruled three grounds of her demurrer and brought the case to this court by direct bill of exceptions to review that judgment only. Held: Since the case is still pending in the trial court and there is no exception to a final judgment or to one which would have been final if it had been rendered as claimed by plaintiff in error, the writ of error is premature and will be dismissed. Code (Ann.) § 6-701; Prater v. Crawford, 143 Ga. 709 (85 S. E. 829); Ellington v. Automobile Credit Sales Co., 145 Ga. 53 (88 S. E. 565); Smith v. Smith, 210 Ga. 355 (80 S. E. 2d 160).

Writ of error dismissed.

All the Justices concur.

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Candler, Justice.

Mrs. Evelyn Mavity filed a suit against Associates Discount Corporation to cancel certain notes and deeds and for other equitable relief. The defendant, in due time, answered the petition. The plaintiff demurred generally to the defendant's answer and moved to strike it. The defendant amended its answer, and the plaintiff renewed her demurrer to the answer as amended and interposed three other grounds of demurrer. The court sustained one special ground of the demurrer, with leave to amend in 10 days, and overruled the others. The plaintiff excepted to that part of the judgment which overruled three grounds of her demurrer and brought the case to this court by direct bill of exceptions to review that judgment only. Held: Since the case is still pending in the trial court and there is no exception to a final judgment or to one which would have been final if it had been rendered as claimed by plaintiff in error, the writ of error is premature and will be dismissed. Code (Ann.) § 6-701; Prater v. Crawford, 143 Ga. 709 (85 S. E. 829); Ellington v. Automobile Credit Sales Co., 145 Ga. 53 (88 S. E. 565); Smith v. Smith, 210 Ga. 355 (80 S. E. 2d 160).

Writ of error dismissed.

All the Justices concur.

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Bluebook (online)

86 S.E.2d 325, 211 Ga. 471, 1955 Ga. LEXIS 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mavity-v-associates-discount-corp-ga-1955.

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