Supreme Court of Georgia, 1949

Brigman v. Brenner

Supreme Court of Georgia · Decided October 12, 1949 · Head, Duckworth, Atkinson, Almand

56 S.E.2d 477; 206 Ga. 230; 1949 Ga. LEXIS 440 (South Eastern Reporter, Second Series)

Opinion of the Court

Head, Justice.

1. The trial court property overruled the grounds of general and special demurrer of the defendant, James A. Brigman.

2. The trial court having erred in overruling the general demurrers of the codefendant, Mrs. Eloise S. Brigman, to the petition as amended (see opinion in Brigman v. Brenner, ante), the further proceedings were nugatory, and the court erred in refusing to grant the defendant’s motion for new trial.

Judgment affirmed in part and reversed in part.

All the Justices concur, except Duckworth, C. J., and Atkinson, P. J., who dissent. Almand, J., disqualified.

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