Wilkes v. Proctor

Court of Appeals of Georgia

Wilkes v. Proctor

114 S.E. 913, 29 Ga. App. 268, 1922 Ga. App. LEXIS 231

CourtCourt of Appeals of Georgia

DecidedDecember 12, 1922

Docket13814

StatusPublished

This text of 114 S.E. 913 (Wilkes v. Proctor) 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

Wilkes v. Proctor, 114 S.E. 913, 29 Ga. App. 268, 1922 Ga. App. LEXIS 231 (Ga. Ct. App. 1922).

Pincite

Opinion

Luke, J.

Proctor sued Wilkes upon a promissory note, and Wilkes filed a plea of partial failure .of consideration. Proctor recovered a judgment in a sum less than that sued for. A new trial was granted upon Proctor’s motion for a new trial. There was a second trial of the case, and he again recovered a judgment for less than the amount sued for. His motion for a new trial was again granted. After the granting of the new trial Proctor dismissed the suit.

The issues involved are moot, because the case is no longer pending in the superior court, and the writ of error must be dismissed. See Atlanta & West Point R. Co. v. Golightly, 148 Ga. 583 (1) (97 S. E. 516).

Writ of error dismissed.

Broyles, C. J., and Bloodworth, J., concur.

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