Shetzen v. C. G. Aycock Realty Co.

Court of Appeals of Georgia

Shetzen v. C. G. Aycock Realty Co.

77 S.E.2d 554, 88 Ga. App. 710, 1953 Ga. App. LEXIS 1165

CourtCourt of Appeals of Georgia

DecidedSeptember 16, 1953

Docket34769

StatusPublished

Cited by2 cases

This text of 77 S.E.2d 554 (Shetzen v. C. G. Aycock Realty 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

Shetzen v. C. G. Aycock Realty Co., 77 S.E.2d 554, 88 Ga. App. 710, 1953 Ga. App. LEXIS 1165 (Ga. Ct. App. 1953).

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Opinion

Carlisle, J.

On two occasions the defendant filed exceptions -pendente lite to the trial court’s overruling of his general and special demurrers to the original petition and his general demurrers to the petition as finally amended. In a bill of exceptions assigning error solely upon these exceptions pendente lite, lie now attempts to come to this court for a review. “While the losing party, under repeated rulings of the Supreme Court and this court, has the option of having reviewed a judgment on demurrer by a direct bill of exceptions or to have certified and filed exceptions pendente lite, if the latter course be pursued, the ruling on demurrer becomes a pendente lite ruling which is reviewable only after the termination of the case and in a bill of exceptions assigning error on the final judgment [citing numerous cases].” Cordele Sash, Door &c. Co. v. Prudential Ins. Co., 84 Ga. App. 605 (66 S. E. 2d 767). It follows that the writ of error in the instant case is prematurely brought to this court.

Writ of error dismissed.

Gardner, P.J., and Townsend, J., concur.

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Carlisle, J.

On two occasions the defendant filed exceptions -pendente lite to the trial court’s overruling of his general and special demurrers to the original petition and his general demurrers to the petition as finally amended. In a bill of exceptions assigning error solely upon these exceptions pendente lite, lie now attempts to come to this court for a review. “While the losing party, under repeated rulings of the Supreme Court and this court, has the option of having reviewed a judgment on demurrer by a direct bill of exceptions or to have certified and filed exceptions pendente lite, if the latter course be pursued, the ruling on demurrer becomes a pendente lite ruling which is reviewable only after the termination of the case and in a bill of exceptions assigning error on the final judgment [citing numerous cases].” Cordele Sash, Door &c. Co. v. Prudential Ins. Co., 84 Ga. App. 605 (66 S. E. 2d 767). It follows that the writ of error in the instant case is prematurely brought to this court.

Writ of error dismissed.

Gardner, P.J., and Townsend, J., concur.

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Bluebook (online)

77 S.E.2d 554, 88 Ga. App. 710, 1953 Ga. App. LEXIS 1165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shetzen-v-c-g-aycock-realty-co-gactapp-1953.

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