Mote v. Seitz

Supreme Court of Georgia

Mote v. Seitz

132 S.E.2d 79, 219 Ga. 208, 1963 Ga. LEXIS 406

CourtSupreme Court of Georgia

DecidedJuly 23, 1963

Docket22104

StatusPublished

Cited by2 cases

This text of 132 S.E.2d 79 (Mote v. Seitz) 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

Mote v. Seitz, 132 S.E.2d 79, 219 Ga. 208, 1963 Ga. LEXIS 406 (Ga. 1963).

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Opinion

Candler, Justice.

The parties to this litigation are coterminous landowners. On the trial, they agreed and stipulated in open court that the only issue to be determined was the location of the dividing line between their respective lands; and since by *209 that agreement and stipulation they eliminated all questions involved in the case except the one which relates only to the dividing line between their adjacent lands, the Court of Appeals and not this court has jurisdiction of the writ of error. See Whaley v. Ellis, 209 Ga. 147 (71 SE2d 209) and the cases there cited.

Submitted July 8, 1963 Decided July 23, 1963. Herbert Edmondson, for plaintiff in error. Everett C. Brannon, Jr., Jeff C. Wayne, Brannon, Brannon & Schroeder, Telford, Wayne & Smith, contra.

Transferred to the Court of Appeals.

All the Justices concur.

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Candler, Justice.

The parties to this litigation are coterminous landowners. On the trial, they agreed and stipulated in open court that the only issue to be determined was the location of the dividing line between their respective lands; and since by *209 that agreement and stipulation they eliminated all questions involved in the case except the one which relates only to the dividing line between their adjacent lands, the Court of Appeals and not this court has jurisdiction of the writ of error. See Whaley v. Ellis, 209 Ga. 147 (71 SE2d 209) and the cases there cited.

Submitted July 8, 1963 Decided July 23, 1963. Herbert Edmondson, for plaintiff in error. Everett C. Brannon, Jr., Jeff C. Wayne, Brannon, Brannon & Schroeder, Telford, Wayne & Smith, contra.

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

132 S.E.2d 79, 219 Ga. 208, 1963 Ga. LEXIS 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mote-v-seitz-ga-1963.

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