Overstreet v. Patterson

Court of Appeals of Georgia

Overstreet v. Patterson

187 S.E. 703, 54 Ga. App. 318, 1936 Ga. App. LEXIS 553

CourtCourt of Appeals of Georgia

DecidedSeptember 28, 1936

Docket25603

StatusPublished

Cited by1 cases

This text of 187 S.E. 703 (Overstreet v. Patterson) 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

Overstreet v. Patterson, 187 S.E. 703, 54 Ga. App. 318, 1936 Ga. App. LEXIS 553 (Ga. Ct. App. 1936).

Pincite

Opinion

Sutton, J.

1. Sustaining of a demurrer to a speecial plea to the jurisdiction of the trial court, as insufficient in law, is not a final judgment. Baldwin v. Lowe, 129 Ga. 711 (59 S. E. 772). Likewise, disallowance of a subsequent additional plea to the jurisdiction, on account of a change in the status of the case in the trial court, and of a traverse to the return of service of the petition and process, is not a final judgment. Even a verdict finding against or in favor of a special plea to the jurisdiction is not a final disposition of the case, since “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.” Douglas v. Hardin, 163 Ga. 643, 645 (136 S. E. 793); Mims v. Goette, 42 Ga. App. 625 (157 S. E. 262). The exceptions in this case to the judgments indicated above do not give this court jurisdiction of the subject-matter, and on motion the writ of error must be dismissed. Phillips v. Cuthbert Gin Co., 51 Ga. App. 149 (179 S. E. 774).

2. Leave is granted, however, to have the official copy of the bill of exceptions, of file in the office of the clerk of the city court of Baxley, recorded therein as exceptions pendente lite. Neal-Blun Co. v. Zeigler, 11 Ga. App. 273 (75 S. E. 142) ; Reagin v. Stroud, 51 Ga. App. 405 (180 S. E. 763); Bush v. Kent, 51 Ga. App. 513 (180 S. E. 858).

Writ of error dismissed, with direelion.

Jenkins, P. J., and Stephens, J., concur.

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Sutton, J.

1. Sustaining of a demurrer to a speecial plea to the jurisdiction of the trial court, as insufficient in law, is not a final judgment. Baldwin v. Lowe, 129 Ga. 711 (59 S. E. 772). Likewise, disallowance of a subsequent additional plea to the jurisdiction, on account of a change in the status of the case in the trial court, and of a traverse to the return of service of the petition and process, is not a final judgment. Even a verdict finding against or in favor of a special plea to the jurisdiction is not a final disposition of the case, since “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.” Douglas v. Hardin, 163 Ga. 643, 645 (136 S. E. 793); Mims v. Goette, 42 Ga. App. 625 (157 S. E. 262). The exceptions in this case to the judgments indicated above do not give this court jurisdiction of the subject-matter, and on motion the writ of error must be dismissed. Phillips v. Cuthbert Gin Co., 51 Ga. App. 149 (179 S. E. 774).

2. Leave is granted, however, to have the official copy of the bill of exceptions, of file in the office of the clerk of the city court of Baxley, recorded therein as exceptions pendente lite. Neal-Blun Co. v. Zeigler, 11 Ga. App. 273 (75 S. E. 142) ; Reagin v. Stroud, 51 Ga. App. 405 (180 S. E. 763); Bush v. Kent, 51 Ga. App. 513 (180 S. E. 858).

Writ of error dismissed, with direelion.

Jenkins, P. J., and Stephens, J., concur.

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Bluebook (online)

187 S.E. 703, 54 Ga. App. 318, 1936 Ga. App. LEXIS 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/overstreet-v-patterson-gactapp-1936.

Opinion

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