DG MacHinery & Gage Company v. Hardy

Georgia Court of Appeals February 26, 1969

DG MacHinery & Gage Company v. Hardy, 166 S.E.2d 580 (1969)

119 Ga. App. 194; 1969 Ga. App. LEXIS 1038

Bell, Hall, Quillian

Concurring Opinion

Hall, Judge,

concurring specially.

Ours is not to reason why—

Ours is to dismiss the appeal Upon a technicality and sigh—

“Fiat Justitia Ruat Coelum.”

Opinion of the Court

Hall, Judge.

In D. G. Machinery & Gage Co. v. Hardy, 118 Ga. App. 45 (162 SE2d 852), this court denied appellee’s motion to dismiss the appeal, relying upon the 1968 amendment (Ga. L. 1968, pp. 1072, 1074) to the Appellate Practice Act of 1965, and decided the case upon the merits. The Supreme Court reversed (Hardy v. D. G. Machinery & Gage Co., 224 Ga. 818 (165 SE2d 127)), citing Fahrig v. Garrett, 224 Ga. 817 (165 SE2d 126).

The judgment of this court is vacated, and the judgment of the Supreme Court is made the judgment of this court.

Appeal dismissed.

Bell, P. J., and Quillian, J., concur. Hall, J., also concurs specially.

Reference

Full Case Name: D. G. MACHINERY & GAGE COMPANY v. HARDY Et Al.
Cited By: 8 cases
Status: Published