Patterson v. McFarland

Court of Appeals of Georgia

Patterson v. McFarland

184 S.E.2d 230, 124 Ga. App. 464, 1971 Ga. App. LEXIS 966

CourtCourt of Appeals of Georgia

DecidedSeptember 21, 1971

Docket46490

StatusPublished

Cited by2 cases

This text of 184 S.E.2d 230 (Patterson v. McFarland) 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

Patterson v. McFarland, 184 S.E.2d 230, 124 Ga. App. 464, 1971 Ga. App. LEXIS 966 (Ga. Ct. App. 1971).

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Opinion

Pannell, Judge.

The judgment upon which this appeal is based is as follows: "By consent of counsel for both parties, the orders and judgments of the court of ordinary entered on the 9th day of November, 1970, are hereby sustained, and the appeal of the appellant (plaintiff) is hereby overruled and dismissed. Judgment is entered against the appellant (plaintiff) and her surety in the sum of $81.50 as court costs. This 24th day of May, 1971. /si Sam P. Burtz, Judge Superior Court, B. R. C.” All of the enumerations of error pertain to this judgment.

An appeal does not lie from a judgment rendered by the consent of the appellant. Portsmouth Cotton Oil Refining Corp. v. Cumming Oil &c. Co., 145 Ga. 159 (88 SE 940); King v. Fitzgerald &c. R. Co., 145 Ga. 164 (88 SE 929); Gresham v. Lyon, 9 Ga. App. 667 (72 SE 66). Consensus tollit errorem. Commercial City Bank v. Sullivan, 18 Ga. App. 608 (5) (90 SE 173).

Appeal dismissed.

Bell, C. J., and Deen, J., concur.

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Pannell, Judge.

The judgment upon which this appeal is based is as follows: "By consent of counsel for both parties, the orders and judgments of the court of ordinary entered on the 9th day of November, 1970, are hereby sustained, and the appeal of the appellant (plaintiff) is hereby overruled and dismissed. Judgment is entered against the appellant (plaintiff) and her surety in the sum of $81.50 as court costs. This 24th day of May, 1971. /si Sam P. Burtz, Judge Superior Court, B. R. C.” All of the enumerations of error pertain to this judgment.

An appeal does not lie from a judgment rendered by the consent of the appellant. Portsmouth Cotton Oil Refining Corp. v. Cumming Oil &c. Co., 145 Ga. 159 (88 SE 940); King v. Fitzgerald &c. R. Co., 145 Ga. 164 (88 SE 929); Gresham v. Lyon, 9 Ga. App. 667 (72 SE 66). Consensus tollit errorem. Commercial City Bank v. Sullivan, 18 Ga. App. 608 (5) (90 SE 173).

Appeal dismissed.

Bell, C. J., and Deen, J., concur.

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Bluebook (online)

184 S.E.2d 230, 124 Ga. App. 464, 1971 Ga. App. LEXIS 966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-mcfarland-gactapp-1971.

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