Pratt v. Gibson
Supreme Court of Georgia
Pratt v. Gibson, 96 Ga. 807 (Ga. 1895)
23 S.E. 839
Simmons
Pratt v. Gibson
Opinion of the Court
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.
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