Ox Breeches Manufacturing Co. v. Bird

Court of Appeals of Georgia

Ox Breeches Manufacturing Co. v. Bird

57 S.E. 975, 1 Ga. App. 40, 1907 Ga. App. LEXIS 142

CourtCourt of Appeals of Georgia

DecidedJanuary 18, 1907

Docket43

StatusPublished

Cited by8 cases

This text of 57 S.E. 975 (Ox Breeches Manufacturing Co. v. Bird) 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

Ox Breeches Manufacturing Co. v. Bird, 57 S.E. 975, 1 Ga. App. 40, 1907 Ga. App. LEXIS 142 (Ga. Ct. App. 1907).

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Opinion

Powell, J.

Under the authority cited in the headnote, the bill of exceptions in this case must be dismissed. While we think that the decision in Haskins v. Bank, 100 Ga. 216, is more strictly in accordance with sound logic, yet since this last-named case is expressly cited and overruled in Kibben v. Coastwise Dredging Co., 120 Ga. 899, we are, under the constitutional amendment 'creating this court, constrained to follow the rule now definitely settled by the Supreme Court. While the bill of exceptions in this case recites that a final judgment has been rendered,' no exception is taken to such final judgment. Striking or refusing to strike a defendant’s plea is not a final judgment. Turner v. Camp, 110 Ga. 631; Bell v. Stewart, 116 Ga. 714. Therefore the writ of error is

Dismissed.

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Powell, J.

Under the authority cited in the headnote, the bill of exceptions in this case must be dismissed. While we think that the decision in Haskins v. Bank, 100 Ga. 216, is more strictly in accordance with sound logic, yet since this last-named case is expressly cited and overruled in Kibben v. Coastwise Dredging Co., 120 Ga. 899, we are, under the constitutional amendment 'creating this court, constrained to follow the rule now definitely settled by the Supreme Court. While the bill of exceptions in this case recites that a final judgment has been rendered,' no exception is taken to such final judgment. Striking or refusing to strike a defendant’s plea is not a final judgment. Turner v. Camp, 110 Ga. 631; Bell v. Stewart, 116 Ga. 714. Therefore the writ of error is

Dismissed.

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Bluebook (online)

57 S.E. 975, 1 Ga. App. 40, 1907 Ga. App. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ox-breeches-manufacturing-co-v-bird-gactapp-1907.

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