Story v. First National Bank

Georgia Court of Appeals
Story v. First National Bank, 34 Ga. App. 27 (1925)
128 S.E. 12; 1925 Ga. App. LEXIS 9
Bloodworth

Story v. First National Bank

Opinion of the Court

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.

Reference

Full Case Name
Story v. First National Bank of Thomson
Cited By
5 cases
Status
Published