Supreme Court of Georgia, 1912

DuBose v. Bank of Sparta

DuBose v. Bank of Sparta
Supreme Court of Georgia · Decided December 11, 1912 · Lumpkin
139 Ga. 115; 76 S.E. 864; 1912 Ga. LEXIS 551

DuBose v. Bank of Sparta

Opinion of the Court

Lumpkin, J.

1. Where a bill of exceptions recited the filing of a petition, the making of an amendment thereto, the filing of a demurrer, the sustaining of it, and the dismissal of the case, “which was error,” this was a sufficient assignment of error to withstand a motion to dismiss the writ of error.

2. The petition set out no cause of action, and there was no error in sustaining the demurrer and dismissing the case.

Judgment affirmed.

All the Justices concur.

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