Georgia Court of Appeals, 1957

Atlanta Newspapers, Inc. v. McLendon

Atlanta Newspapers, Inc. v. McLendon
Georgia Court of Appeals · Decided April 23, 1957 · Nichols, Felton, Quillian
98 S.E.2d 195; 95 Ga. App. 601 (South Eastern Reporter, Second Series)

Atlanta Newspapers, Inc. v. McLendon

Opinion

Nichols, J.

“A judgment sustaining any or all demurrers to a petition and allowing time for amendment is not subject to exception or review. Code § 81-1001 as amended (Ga. L. 1952, p. 243); Aiken v. State Farm Mut. &c. Ins. Co., 88 Ga. App. 131 (76 S. E. 2d 141); Cates v. Owens, 87 Ga. App. 270 (73 S. E. 2d 345); Community Theatres Co. v. Burney, 87 Ga. App. 165 (73 S. E. 2d 104); Barron v. Foster, 87 Ga. App. 119 (73 S. E. 2d 102).” Thornton v. Courvoisier, 90 Ga. App. 26 (81 S. E. 2d 842). The writ of error in the present case excepts to a judgment of the trial court sustaining various grounds of demurrer, and allowing time to amend to meet the grounds which were sustained. Therefore, the writ of error is premature and must be

Dismissed.

Felton, C. J., and Quillian, J., concur. *602 James C. Holcombe, for plaintiff in error. Robert J. Noland, contra.

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