Story v. First National Bank

Court of Appeals of Georgia

Story v. First National Bank

128 S.E. 12, 34 Ga. App. 27, 1925 Ga. App. LEXIS 9

Court of Appeals of Georgia·Decided May 14, 1925·No. 16142·Published·Cited by 5 cases

Opinion

Bloodworth, J.

Where a general demurrer to a plea is overruled and no exception to this ruling is taken, the ruling becomes the law of the case and “stands as a solemn adjudication that the plea was good.” Bennett v. Simmons, 30 Ga. App. 531 (118 S. E. 494), and citations. Where, on the trial of such a case, the defendant introduces evidence which substantially supports her plea, even though the plaintiff introduces conflicting evidence, it is error for the judge to direct a verdict for the plaintiff. Pierpont Mfg. Co. v. Mayor &c. of Savannah, 153 Ga. 455, and cases cited on pages 457 and 458 (112 S. E. 462) ; Vickery v. Swicord, 151 Ga. 145 (106 S. E. 92).

Judgment reversed.

Broyles, O. J., and Luke, J., concur.

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Bloodworth, J.

Where a general demurrer to a plea is overruled and no exception to this ruling is taken, the ruling becomes the law of the case and “stands as a solemn adjudication that the plea was good.” Bennett v. Simmons, 30 Ga. App. 531 (118 S. E. 494), and citations. Where, on the trial of such a case, the defendant introduces evidence which substantially supports her plea, even though the plaintiff introduces conflicting evidence, it is error for the judge to direct a verdict for the plaintiff. Pierpont Mfg. Co. v. Mayor &c. of Savannah, 153 Ga. 455, and cases cited on pages 457 and 458 (112 S. E. 462) ; Vickery v. Swicord, 151 Ga. 145 (106 S. E. 92).

Judgment reversed.

Broyles, O. J., and Luke, J., concur.

Story v. First National Bank, 128 S.E. 12, 34 Ga. App. 27, 1925 Ga. App. LEXIS 9 (Ga. Ct. App. 1925).

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Opinion

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