Georgia Court of Appeals, 1925

Story v. First National Bank

Story v. First National Bank
Georgia Court of Appeals · Decided May 14, 1925 · Bloodworth
34 Ga. App. 27; 128 S.E. 12; 1925 Ga. App. LEXIS 9

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.