Sheppard v. Charles S. Martin Distributing Co.

Court of Appeals of Georgia

Sheppard v. Charles S. Martin Distributing Co.

131 S.E.2d 125, 107 Ga. App. 758, 1963 Ga. App. LEXIS 974

CourtCourt of Appeals of Georgia

DecidedMay 10, 1963

Docket40119

StatusPublished

This text of 131 S.E.2d 125 (Sheppard v. Charles S. Martin Distributing Co.) 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

Sheppard v. Charles S. Martin Distributing Co., 131 S.E.2d 125, 107 Ga. App. 758, 1963 Ga. App. LEXIS 974 (Ga. Ct. App. 1963).

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Opinion

Russell, Judge.

This case is controlled by Myers v. Grant, 212 Ga. 182 (91 SE2d 335): “Where, as here, the trial court entered a judgment overruling the defendants’ general demurrer . . . and sustaining other special demurrers, and allowed time within which to amend the petition, and after the expiration of such time no further adjudication was made on the sufficiency of the petition, but the defendants in a direct bill of exceptions excepted to the judgment insofar as it overruled their general and special grounds of demurrer . . . such judgment is not subject to exception or review, and this court is without jurisdiction of the writs of error.”

Writ of error dismissed.

Felton, C. J., and Eberhardt, J., concur.

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Russell, Judge.

This case is controlled by Myers v. Grant, 212 Ga. 182 (91 SE2d 335): “Where, as here, the trial court entered a judgment overruling the defendants’ general demurrer . . . and sustaining other special demurrers, and allowed time within which to amend the petition, and after the expiration of such time no further adjudication was made on the sufficiency of the petition, but the defendants in a direct bill of exceptions excepted to the judgment insofar as it overruled their general and special grounds of demurrer . . . such judgment is not subject to exception or review, and this court is without jurisdiction of the writs of error.”

Writ of error dismissed.

Felton, C. J., and Eberhardt, J., concur.

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Bluebook (online)

131 S.E.2d 125, 107 Ga. App. 758, 1963 Ga. App. LEXIS 974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheppard-v-charles-s-martin-distributing-co-gactapp-1963.

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