Reynolds v. Magbee Bros. Lumber & Supply Co.

Court of Appeals of Georgia

Reynolds v. Magbee Bros. Lumber & Supply Co.

162 S.E.2d 737, 118 Ga. App. 163, 1968 Ga. App. LEXIS 921

Court of Appeals of Georgia·Decided July 11, 1968·No. 43336·Published

Opinion

Jordan, Presiding Judge.

The Supreme Court on certiorari (Reynolds v. Magbee Bros. Lumber &c. Co., 224 Ga. 379), having reversed the judgment of this court (Reynolds v. Magbee Bros. Lumber &c. Co., 117 Ga. App. 252 (160 SE2d 531)), the judgment of this court is vacated and the judgment of the Supreme Court is made the judgment of this court. Accordingly, the petition does not state a claim against the defendants upon which any relief can be granted, and the trial judge erred in overruling the motion to dismiss it, thus rendering all further proceedings in the trial of the case nugatory.

Judgment reversed.

Pannell and Deen, JJ., concur.

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Jordan, Presiding Judge.

The Supreme Court on certiorari (Reynolds v. Magbee Bros. Lumber &c. Co., 224 Ga. 379), having reversed the judgment of this court (Reynolds v. Magbee Bros. Lumber &c. Co., 117 Ga. App. 252 (160 SE2d 531)), the judgment of this court is vacated and the judgment of the Supreme Court is made the judgment of this court. Accordingly, the petition does not state a claim against the defendants upon which any relief can be granted, and the trial judge erred in overruling the motion to dismiss it, thus rendering all further proceedings in the trial of the case nugatory.

Judgment reversed.

Pannell and Deen, JJ., concur.

Reynolds v. Magbee Bros. Lumber & Supply Co., 162 S.E.2d 737, 118 Ga. App. 163, 1968 Ga. App. LEXIS 921 (Ga. Ct. App. 1968).

Pincite

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Opinion

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