Georgia Court of Appeals, 1945

Carter v. Butler

Georgia Court of Appeals · Decided January 25, 1945 · Parker, Sutton, Felton

33 S.E.2d 272; 72 Ga. App. 156; 1945 Ga. App. LEXIS 535 (South Eastern Reporter, Second Series)

Opinion of the Court

Parker, J.

l.,This court in a judgment entered in this case (Carter v. Butler, 71 Ga. App. 492, 31 S. E. 2d, 210), reversed the judgment of the civil court of Fulton County, and the Supreme Court on certiorari having reversed the judgment of this court (Butler v. Carter, 198 Ga. 754, 32 S. E. 2d, 808), the judgment of reversal originally rendered by this court is vacated.

*157 Decided January 25, 1945. Rehearing denied March 8, 1945. Richard T. Nesbitt, for plaintiffs in error. W. S. Northcutt, contra. Douglas B. Maggs, Archibald Cox, Bessie Margolin, George A. Downing, James II. Shelton, Thomas T. Purdom, as amici curiae.

2. The assignments of error other than those ruled on and discussed in the original opinion and decision, and in the opinion and decision of the Supreme Court, are not such as to require a reversal of the judgment of the trial court.

Judgment- affii-med.

Sutton, P. J., and Felton, J., concur.

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