Richter v. Macon Gas Co.

Supreme Court of Georgia

Richter v. Macon Gas Co.

95 S.E. 10, 147 Ga. 600, 1918 Ga. LEXIS 54

CourtSupreme Court of Georgia

DecidedJanuary 16, 1918

DocketNo. 346

StatusPublished

Cited by3 cases

This text of 95 S.E. 10 (Richter v. Macon Gas Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Richter v. Macon Gas Co., 95 S.E. 10, 147 Ga. 600, 1918 Ga. LEXIS 54 (Ga. 1918).

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Opinion

Atkinson, J.

1. Where in a suit for different forms of relief a demurrer is sustained as to so much of the petition as relates to specified portions of the relief prayed for, and is overruled as to the remaining portion, and exceptions pendente lite to the adverse ruling are presented by the plaintiff and are duly allowed and filed, and a final bill of exceptions, also sued out by the plaintiff, is dismissed in the Supreme Court on the ground that it is prematurely brought, such dismissal will not destroy the exceptions pendente lite; but after final judgment in the case error may be assigned on the rulings excepted to pendente lite, in the bill of exceptions assigning error on the final judgment. Durrence v. Waters, 143 Ga. 223 (84 S. E. 471).

2. A suit in equity against several persons, concerning several things of distinct natures, is demurrable. Conley v. Buck, 100 Ga. 187 (28 S. E. 97); Marshall v. Means, 12 Ga. 61 (56 Am. D. 444). Applying this rule the judgment of the trial-court, holding the petition (the substance of which is set forth in Richter v. Macon Gas Co., 144 Ga. 650, 87 S. E. 895), to be multifarious, will not be reversed.

Judgment affirmed.

All the Justices concur, except Fish, C. J., absent.

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Atkinson, J.

1. Where in a suit for different forms of relief a demurrer is sustained as to so much of the petition as relates to specified portions of the relief prayed for, and is overruled as to the remaining portion, and exceptions pendente lite to the adverse ruling are presented by the plaintiff and are duly allowed and filed, and a final bill of exceptions, also sued out by the plaintiff, is dismissed in the Supreme Court on the ground that it is prematurely brought, such dismissal will not destroy the exceptions pendente lite; but after final judgment in the case error may be assigned on the rulings excepted to pendente lite, in the bill of exceptions assigning error on the final judgment. Durrence v. Waters, 143 Ga. 223 (84 S. E. 471).

2. A suit in equity against several persons, concerning several things of distinct natures, is demurrable. Conley v. Buck, 100 Ga. 187 (28 S. E. 97); Marshall v. Means, 12 Ga. 61 (56 Am. D. 444). Applying this rule the judgment of the trial-court, holding the petition (the substance of which is set forth in Richter v. Macon Gas Co., 144 Ga. 650, 87 S. E. 895), to be multifarious, will not be reversed.

Judgment affirmed.

All the Justices concur, except Fish, C. J., absent.

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Bluebook (online)

95 S.E. 10, 147 Ga. 600, 1918 Ga. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richter-v-macon-gas-co-ga-1918.

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