Supreme Court of Georgia, 1928

Peck v. Harris

Supreme Court of Georgia · Decided July 12, 1928 · Gilbert

166 Ga. 633; 144 S.E. 20; 1928 Ga. LEXIS 366

Cases that cite this one

2 later published cases cite this decision.

Greenwood v. Greenblatt (Ga. 1931)
Peck v. Harris (Ga. Ct. App. 1928)

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

Gilbert, J.

1. According to the rulings made in Lyndon v. Georgia R. &c. Co., 129 Ga. 353 (58 S. E. 1047), Patterson v. Beck, 133 Ga. 701 (66 S. E. 911), Roddenbery v. Patterson, 136 Ga. 187 (71 S. E. 138), and Hodges v. Citizens Bank, 146 Ga. 624 (92 S. E. 49), there was a sufficient assignment of error; and therefore the Court of Appeals erred in dismissing the writ of error.

2. Where a demurrer to portions of the answer was sustained, and, there being no conflict in the evidence, the court directed a verdict for the plaintiff, upon which a final judgment was entered, a bill of exceptions *634to such final judgment, which also excepted to the judgment sustaining the demurrer, “was sufficient to bring before the Supreme Court the question of the correctness of the latter ruling.” Roddenbery v. Patterson, supra. Judgment reversed.

No. 6507. July 12, 1928. All the Justices concur. W. 0. Warnell, for plaintiff in error. Adams, Adams & Douglas, contra.

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