Sapp v. Tait

Court of Appeals of Georgia

Sapp v. Tait

152 S.E.2d 415, 114 Ga. App. 589, 1966 Ga. App. LEXIS 859

CourtCourt of Appeals of Georgia

DecidedOctober 27, 1966

Docket42315

StatusPublished

This text of 152 S.E.2d 415 (Sapp v. Tait) 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

Sapp v. Tait, 152 S.E.2d 415, 114 Ga. App. 589, 1966 Ga. App. LEXIS 859 (Ga. Ct. App. 1966).

Pincite

Opinion

Felton, Chief Judge.

In this damage action, after all of plaintiff’s amendments to the petition had been filed, the defendant C. S. Tait, d/b/a Tait’s Auto Service, renewed his general demurrer which the judge of the trial court overruled. The case was tried by a judge emeritus who directed a verdict in favor of the defendant, C. S. Tait, from which the plaintiff appeals. As will be seen from the allegations in the petition, the overruling of the general demurrer constituted a ruling that the petition stated a cause of action and in the absence of a cross or direct appeal from the ruling on the renewed general demurrer such ruling became the law of the case. The evidence was conflicting and authorized a verdict either way as to C. S. Tait; therefore, the court erred in directing the verdict for C. S. Tait. C. & S. Realty Co. v. Perry Printing Process Co., 111 Ga. App. 671 (143 SE2d 29).

Judgment reversed.

Frankum and Parnell, «77., concur.

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Felton, Chief Judge.

In this damage action, after all of plaintiff’s amendments to the petition had been filed, the defendant C. S. Tait, d/b/a Tait’s Auto Service, renewed his general demurrer which the judge of the trial court overruled. The case was tried by a judge emeritus who directed a verdict in favor of the defendant, C. S. Tait, from which the plaintiff appeals. As will be seen from the allegations in the petition, the overruling of the general demurrer constituted a ruling that the petition stated a cause of action and in the absence of a cross or direct appeal from the ruling on the renewed general demurrer such ruling became the law of the case. The evidence was conflicting and authorized a verdict either way as to C. S. Tait; therefore, the court erred in directing the verdict for C. S. Tait. C. & S. Realty Co. v. Perry Printing Process Co., 111 Ga. App. 671 (143 SE2d 29).

Judgment reversed.

Frankum and Parnell, «77., concur.

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Bluebook (online)

152 S.E.2d 415, 114 Ga. App. 589, 1966 Ga. App. LEXIS 859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sapp-v-tait-gactapp-1966.

Opinion

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