Mims v. Goette

Court of Appeals of Georgia

Mims v. Goette

157 S.E. 262, 42 Ga. App. 625, 1931 Ga. App. LEXIS 70

CourtCourt of Appeals of Georgia

DecidedFebruary 13, 1931

Docket20565

StatusPublished

Cited by5 cases

This text of 157 S.E. 262 (Mims v. Goette) 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

Mims v. Goette, 157 S.E. 262, 42 Ga. App. 625, 1931 Ga. App. LEXIS 70 (Ga. Ct. App. 1931).

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Opinion

Jenkins, P. J.

A verdict finding against or in favor of a special plea to the jurisdiction of the court is not a final disposition of the case, since even if a verdict sustaining the plea to the jurisdiction was rendered, “the main case would not have been at an end, for it would still have been incumbent upon the court to enter in that case a judgment of dismissal.” Ross v. Mercer, 115 Ga. 353, 354 (41 S. E. 594) ; Douglas v. Hardin, 163 Ga. 643, 645 (136 S. E. 793). Likewise, a judgment sus[626]*626tainiñg a demurrer to a plea to the jurisdiction is not a final judgment. Baldwin v. Lowe, 129 Ga. 711 (59 S. E. 717). In the instant case, where the exceptions taken were to the action of the court in setting aside a verdict in favor of a plea to the jurisdiction and granting a new trial therein, and in thereafter dismissing the plea to the jurisdiction as insufficient in law, under the rulings above cited the Writ of error is premature, and the motion to dismiss must be granted. See, in this connection, City of Tallapoosa v. Brock, 143 Ga. 599 (85 S. E. 755) ; English v. Rosenkrantz, 150 Ga. 745 (105 S. E. 292); Cone v. Hunter, 38 Ga. App. 45 (142 S. E. 468).

Decided February 13, 1931. Olin T. Lester, Charles W. Anderson, for plaintiff. Lawrence 8. Camp, Lester C. Dickson, for defendant.

Wril of error dismissed.

Stephens and Bell, JJ., concur.

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Jenkins, P. J.

A verdict finding against or in favor of a special plea to the jurisdiction of the court is not a final disposition of the case, since even if a verdict sustaining the plea to the jurisdiction was rendered, “the main case would not have been at an end, for it would still have been incumbent upon the court to enter in that case a judgment of dismissal.” Ross v. Mercer, 115 Ga. 353, 354 (41 S. E. 594) ; Douglas v. Hardin, 163 Ga. 643, 645 (136 S. E. 793). Likewise, a judgment sus[626]*626tainiñg a demurrer to a plea to the jurisdiction is not a final judgment. Baldwin v. Lowe, 129 Ga. 711 (59 S. E. 717). In the instant case, where the exceptions taken were to the action of the court in setting aside a verdict in favor of a plea to the jurisdiction and granting a new trial therein, and in thereafter dismissing the plea to the jurisdiction as insufficient in law, under the rulings above cited the Writ of error is premature, and the motion to dismiss must be granted. See, in this connection, City of Tallapoosa v. Brock, 143 Ga. 599 (85 S. E. 755) ; English v. Rosenkrantz, 150 Ga. 745 (105 S. E. 292); Cone v. Hunter, 38 Ga. App. 45 (142 S. E. 468).

Decided February 13, 1931. Olin T. Lester, Charles W. Anderson, for plaintiff. Lawrence 8. Camp, Lester C. Dickson, for defendant.

Wril of error dismissed.

Stephens and Bell, JJ., concur.

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Bluebook (online)

157 S.E. 262, 42 Ga. App. 625, 1931 Ga. App. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mims-v-goette-gactapp-1931.

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