Royal Oil Co. v. Hooks

Court of Appeals of Georgia

Royal Oil Co. v. Hooks

138 S.E.2d 442, 110 Ga. App. 309, 1964 Ga. App. LEXIS 613

CourtCourt of Appeals of Georgia

DecidedSeptember 22, 1964

Docket40937

StatusPublished

This text of 138 S.E.2d 442 (Royal Oil Co. v. Hooks) 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.

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Royal Oil Co. v. Hooks, 138 S.E.2d 442, 110 Ga. App. 309, 1964 Ga. App. LEXIS 613 (Ga. Ct. App. 1964).

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Opinion

Pannell, Judge.

Since the dismissal of an answer on demurrer is not such a final disposition of a cause as may be reviewed by this court, Williams v. Kwik Shake Dispenser Mfg. Co., 214 Ga. 478 (105 SE2d 457), Ga. L. 1957, pp. 224, 230, Code Ann., § 6-701, the overruling of a demurrer to an answer “if it had been rendered as claimed by plaintiff in error” would not have been a final disposition of the cause. Bello v. Milholland, 216 Ga. 162 (2) (115 SE2d 531). It follows, therefore, that the bill of exceptions brought by the plaintiff in the present case, assigning error on the overruling of demurrers to the answer of the defendant, must be

Dismissed.

Felton, C. J., and Frankum, J., concur.

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Pannell, Judge.

Since the dismissal of an answer on demurrer is not such a final disposition of a cause as may be reviewed by this court, Williams v. Kwik Shake Dispenser Mfg. Co., 214 Ga. 478 (105 SE2d 457), Ga. L. 1957, pp. 224, 230, Code Ann., § 6-701, the overruling of a demurrer to an answer “if it had been rendered as claimed by plaintiff in error” would not have been a final disposition of the cause. Bello v. Milholland, 216 Ga. 162 (2) (115 SE2d 531). It follows, therefore, that the bill of exceptions brought by the plaintiff in the present case, assigning error on the overruling of demurrers to the answer of the defendant, must be

Dismissed.

Felton, C. J., and Frankum, J., concur.

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Bluebook (online)

138 S.E.2d 442, 110 Ga. App. 309, 1964 Ga. App. LEXIS 613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royal-oil-co-v-hooks-gactapp-1964.

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