Supreme Court of Georgia, 1895

Pratt v. Gibson

Supreme Court of Georgia · Decided July 15, 1895 · Simmons

96 Ga. 807; 23 S.E. 839

Cases that cite this one

11 later published cases cite this decision.

Peacock Construction Co. v. Chambers (Ga. 1967)
Chambers v. Peacock Construction Co. (Ga. Ct. App. 1967)
Simpson v. Hayes (Ga. 1952)
Hillcrest Memorial Park Inc. v. Heath (Ga. Ct. App. 1952)
Hayes v. Simpson (Ga. Ct. App. 1950)
O'Hara v. Rutherford (Ga. Ct. App. 1940)
Blyth v. White (Ga. 1934)
Park v. Moore (Ga. Ct. App. 1932)
Smith v. Bugg (Ga. Ct. App. 1926)
Atlantic Refining Co. v. Peerson (Ga. Ct. App. 1923)
Kelly v. Georgia Railway & Power Co. (Ga. Ct. App. 1919)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Simmons, C. J.

A judgment sustaining a demurrer to the declaration and dismissing the cause unless the plaintiff by the first day of the next term shall file and serve a certain amendment, operates as a final judgment of dismissal, with the right on the part of the plaintiff, by complying with the condition imposed, to .bring about a reinstatement of his case. In such a case, after the time had elapsed .within which, under the order, the plaintiff could by his own act bring about a reinstatement, the condition not having been complied with, the court lost jurisdiction of the case, and had no authority to proceed further therein. Judgment reversed.

John R. L. Smith, for plaintiff’ in error. R. V. Hardeman & Son, contra.

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