Stanton v. Stanton

Supreme Court of Georgia

Stanton v. Stanton

93 S.E.2d 770, 212 Ga. 503, 1956 Ga. LEXIS 428

CourtSupreme Court of Georgia

DecidedJune 11, 1956

Docket19343

StatusPublished

This text of 93 S.E.2d 770 (Stanton v. Stanton) 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

Stanton v. Stanton, 93 S.E.2d 770, 212 Ga. 503, 1956 Ga. LEXIS 428 (Ga. 1956).

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Opinion

Hawkins, Justice.

The only judgment assigned as error in the instant case being one sustaining a plea to the jurisdiction and vacating and revoking a rule nisi and temporary restraining order previously granted, but not ordering a dismissal of the action, is not such a final judgment as will give this court jurisdiction óf a writ of error complaining thereof. The writ of error, being premature, must be dismissed. Crider v. Harris, 181 Ga. 555 (182 S. E. 592); Harris v. Stowers, 192 Ga. 215 (15 S. E. 2d 193); Waddell v. Groover, 207 Ga. 166 (60 S. E. 2d 239); Harper v. Mayes, 209 Ga. 361 (72 S. E. 2d 710); Smith v. Smith, 210 Ga. 355 (80 S. E. 2d 160); Ross v. Mercer, 115 Ga. 353 (41 S. E. 594).

Writ of error dismissed.

All the Justices concur. Duckworth, C.J., concurs specially.

Duckworth, C. J.,

concurring specially. I concur solely because the innumerable decisions of this court compel me to do so. This case, howéter, demonstrates the fallacy of those decisions, and I regret that where, as here, it is obvious that a party who has [504]*504suffered an adverse judgment under those decisions is compelled to endure that judgment unless he is willing to stultify himself by asking the trial judge to render a judgment against his client.' I would, therefore, if the justices would agree, review and overrule every decision of this court that requires a dismissal here.

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Hawkins, Justice.

The only judgment assigned as error in the instant case being one sustaining a plea to the jurisdiction and vacating and revoking a rule nisi and temporary restraining order previously granted, but not ordering a dismissal of the action, is not such a final judgment as will give this court jurisdiction óf a writ of error complaining thereof. The writ of error, being premature, must be dismissed. Crider v. Harris, 181 Ga. 555 (182 S. E. 592); Harris v. Stowers, 192 Ga. 215 (15 S. E. 2d 193); Waddell v. Groover, 207 Ga. 166 (60 S. E. 2d 239); Harper v. Mayes, 209 Ga. 361 (72 S. E. 2d 710); Smith v. Smith, 210 Ga. 355 (80 S. E. 2d 160); Ross v. Mercer, 115 Ga. 353 (41 S. E. 594).

Writ of error dismissed.

All the Justices concur. Duckworth, C.J., concurs specially.

Duckworth, C. J.,

concurring specially. I concur solely because the innumerable decisions of this court compel me to do so. This case, howéter, demonstrates the fallacy of those decisions, and I regret that where, as here, it is obvious that a party who has [504]*504suffered an adverse judgment under those decisions is compelled to endure that judgment unless he is willing to stultify himself by asking the trial judge to render a judgment against his client.' I would, therefore, if the justices would agree, review and overrule every decision of this court that requires a dismissal here.

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Bluebook (online)

93 S.E.2d 770, 212 Ga. 503, 1956 Ga. LEXIS 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanton-v-stanton-ga-1956.

Opinion

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