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

CourtCourt of Appeals of Georgia

DecidedMay 14, 1925

Docket16142

StatusPublished

Cited by5 cases

This text of 128 S.E. 12 (Story v. First National Bank) 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

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

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

128 S.E. 12, 34 Ga. App. 27, 1925 Ga. App. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/story-v-first-national-bank-gactapp-1925.

Opinion

Related

Cite This Page — Counsel Stack