Pan-American Life Insurance Company v. Rylee

Court of Appeals of Georgia

Pan-American Life Insurance Company v. Rylee

7 S.E.2d 610, 61 Ga. App. 757, 1940 Ga. App. LEXIS 255

CourtCourt of Appeals of Georgia

DecidedFebruary 27, 1940

Docket27840.

StatusPublished

This text of 7 S.E.2d 610 (Pan-American Life Insurance Company v. Rylee) 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

Pan-American Life Insurance Company v. Rylee, 7 S.E.2d 610, 61 Ga. App. 757, 1940 Ga. App. LEXIS 255 (Ga. Ct. App. 1940).

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Opinion

Broyles, C. J.

The only assignment of error in the bill of exceptions in this case is upon the judgment overruling a motion by the plaintiff in error to vacate and set aside a judgment against it obtained by the defendant in error. It appears from the record and the briefs of counsel for both parties that the plaintiff in error also filed a traverse to the entry of service by the sheriff, and that the issue thus raised is now pending in the trial court. It therefore appears that the ease has not been finally disposed of in the court below and that the present bill of exceptions is prematurely sued out. It follows that the motion to dismiss the bill of exceptions must be sustained. However, under the particular facts of the case, it is directed that the plaintiff in error be allowed to file its bill of exceptions in the trial court to operate as exceptions pendente lite.

Writ of error dismissed, with direction.

MacIntyre and Guerry, JJ., concur.

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Broyles, C. J.

The only assignment of error in the bill of exceptions in this case is upon the judgment overruling a motion by the plaintiff in error to vacate and set aside a judgment against it obtained by the defendant in error. It appears from the record and the briefs of counsel for both parties that the plaintiff in error also filed a traverse to the entry of service by the sheriff, and that the issue thus raised is now pending in the trial court. It therefore appears that the ease has not been finally disposed of in the court below and that the present bill of exceptions is prematurely sued out. It follows that the motion to dismiss the bill of exceptions must be sustained. However, under the particular facts of the case, it is directed that the plaintiff in error be allowed to file its bill of exceptions in the trial court to operate as exceptions pendente lite.

Writ of error dismissed, with direction.

MacIntyre and Guerry, JJ., concur.

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Bluebook (online)

7 S.E.2d 610, 61 Ga. App. 757, 1940 Ga. App. LEXIS 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pan-american-life-insurance-company-v-rylee-gactapp-1940.