Georgia Court of Appeals, 1947

City of Summerville v. Georgia Power Company

City of Summerville v. Georgia Power Company
Georgia Court of Appeals · Decided March 21, 1947 · Felton, Sutton, Parker
41 S.E.2d 911; 75 Ga. App. 91 (South Eastern Reporter, Second Series)

City of Summerville v. Georgia Power Company

Opinion of the Court

Felton, J:

Where the only questions presented for review by this court arise from the judgments of the court below, overruling a demurrer to a traverse of a sheriff’s return, in the nature of a plea in abatement and a special plea to the jurisdiction, and finding in favor of the traverse and quashing, striking, and setting aside the sheriff’s return, and it appears that a reversal of neither of these judgments would operate to terminate the main case, but would leave the same still pending, the writ of error is premature and must be dismissed. Ross v. Mercer, 115 Ga. 353 (41 S. E. 594) ; Overstreet v. Patterson, 54 Ga. App. .318 (187 S. E. 703) ; C. I. T. Corp. v. Smith, 68 Ga. App. 556 (23 S. E. 503) ; Wages v. Davison Chemical Corp., 71 Ga. App. 30 (29 S. E. 2d, 713) ; Douglas v. Hardin, 163 Ga. 643 (136 S. E. 793).

Writ of error dismissed.

Sutton, P. J., and Parker, J., concur.

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