Pollard v. Lumley

Court of Appeals of Georgia

Pollard v. Lumley

18 S.E.2d 575, 66 Ga. App. 567, 1942 Ga. App. LEXIS 227

CourtCourt of Appeals of Georgia

DecidedJanuary 24, 1942

Docket29303.

StatusPublished

Cited by2 cases

This text of 18 S.E.2d 575 (Pollard v. Lumley) 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

Pollard v. Lumley, 18 S.E.2d 575, 66 Ga. App. 567, 1942 Ga. App. LEXIS 227 (Ga. Ct. App. 1942).

Pincite

Opinion

Sutton, J.

1. The motion to dismiss the writ of error is without merit, and is overruled.

2. Where a ease was dismissed in the superior court of Quitman County, the judge was without authority in a different county in the circuit to grant an order reinstating the case upon a mere written motion and ex parte showing by the plaintiff, no petition for reinstatement of the ease having been filed in the superior court of Quitman County and no order having been issued therein providing for the hearing in the different county of the motion to reinstate and for notice to the respondent. Bankers Health & Life Insurance Co. v. James, 45 Ga. App. 346 (164 S. E. 684) ; Isaacs v. Swindell, 133 Ga. 506 (66 S. E. 162). See also Wright v. Cannon, 58 Ga. App. 268 (198 S. E. 301).

Judgment reversed.

Stephens, P. J., amd Felton, J., conow.

Free access — add to your briefcase to read the full text and ask questions with AI

Sutton, J.

1. The motion to dismiss the writ of error is without merit, and is overruled.

2. Where a ease was dismissed in the superior court of Quitman County, the judge was without authority in a different county in the circuit to grant an order reinstating the case upon a mere written motion and ex parte showing by the plaintiff, no petition for reinstatement of the ease having been filed in the superior court of Quitman County and no order having been issued therein providing for the hearing in the different county of the motion to reinstate and for notice to the respondent. Bankers Health & Life Insurance Co. v. James, 45 Ga. App. 346 (164 S. E. 684) ; Isaacs v. Swindell, 133 Ga. 506 (66 S. E. 162). See also Wright v. Cannon, 58 Ga. App. 268 (198 S. E. 301).

Judgment reversed.

Stephens, P. J., amd Felton, J., conow.

Cite This Page — Counsel Stack

Bluebook (online)

18 S.E.2d 575, 66 Ga. App. 567, 1942 Ga. App. LEXIS 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pollard-v-lumley-gactapp-1942.

Opinion

Related

Cite This Page — Counsel Stack