Saphire v. Bailey

Supreme Court of Georgia

Saphire v. Bailey

100 S.E.2d 729, 213 Ga. 655, 1957 Ga. LEXIS 478

CourtSupreme Court of Georgia

DecidedNovember 8, 1957

Docket19881

StatusPublished

Cited by1 cases

This text of 100 S.E.2d 729 (Saphire v. Bailey) 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

Saphire v. Bailey, 100 S.E.2d 729, 213 Ga. 655, 1957 Ga. LEXIS 478 (Ga. 1957).

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Opinion

Head, Justice.

1. The additional record certified to this court discloses that, since the date of the orders complained of in the bill of exceptions, overruling the demurrer and motion to dismiss of one of the defendants (the plaintiff in error here), the petition has been materially amended, and the defendants have filed renewed general demurrers. Therefore, the former demurrer and motion to dismiss have become extinct or nugatory, and the questions raised by such former demurrer and motion to dismiss are moot. Holliday v. Pope, 205 Ga. 301, 308 (53 S. E. 2d 350).

2. Since the bill of exceptions presents only moot questions, and a reversal of the judgments excepted to would be of no benefit to the plaintiff in error, this court will, upon its own motion, dismiss the writ of error. Mooney v. Mooney, 200 Ga. 395, 396 (4) (37 S. E. 2d 195).

Writ of error dismissed.

All the Justices concur.

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Head, Justice.

1. The additional record certified to this court discloses that, since the date of the orders complained of in the bill of exceptions, overruling the demurrer and motion to dismiss of one of the defendants (the plaintiff in error here), the petition has been materially amended, and the defendants have filed renewed general demurrers. Therefore, the former demurrer and motion to dismiss have become extinct or nugatory, and the questions raised by such former demurrer and motion to dismiss are moot. Holliday v. Pope, 205 Ga. 301, 308 (53 S. E. 2d 350).

2. Since the bill of exceptions presents only moot questions, and a reversal of the judgments excepted to would be of no benefit to the plaintiff in error, this court will, upon its own motion, dismiss the writ of error. Mooney v. Mooney, 200 Ga. 395, 396 (4) (37 S. E. 2d 195).

Writ of error dismissed.

All the Justices concur.

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Bluebook (online)

100 S.E.2d 729, 213 Ga. 655, 1957 Ga. LEXIS 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saphire-v-bailey-ga-1957.

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