Simon Wolf Endowment Fund, Inc. v. West
Simon Wolf Endowment Fund, Inc. v. West
Opinion of the Court
1. The exceptions of law and exceptions of fact not being sufficiently clear and definite in setting out the exceptions and the evidence in support thereof, and in failing to clearly and distinctly specify and point out the errors committed by the examiner in reaching the conclusions reported by him, the court did not err in sustaining the demurrer filed to the exceptions of law, but did err in overruling the demurrer to the exceptions of fact. Code §§ 60-304, 10-301; Mason v. Commissioners &c. for Dekalb County, 104 Ga. 35 (30 S. E. 513); Littleton v. Patton, 112 Ga. 438 (4) (37 S. E. 755); Fleetwood v. Bibb, 113 Ga. 618 (38 S. E. 980); Ross v. Battle, 113 Ga. 742 (39 S. E. 287); Weldon v. Hudson, 120 Ga. 699 (48 S. E. 130); Moss v. Chappell, 126 Ga. 196 (54 S. E. 968); Woodward v. Williams Bros. Lumber Co., 176 Ga. 107 (167 S. E. 169); McDuffie v. Merchants’ &c. Bank, 177 Ga. 695 (170 S. E. 805); Willis v. Forman, 180 Ga. 193 (178 S. E. 440).
2. And the exceptions of law not being clear and definite in accordance with Code § 10-301, and as ruled above, there was nothing to amend, and for this reason the court did not err in sustaining the objections and demurrer to the exceptions of law as amended. See Code § 81-1301; Clements v. Fletcher, 161 Ga. 21 (129 S. E. 846); Sizer & Co. v. G. T. Melton & Sons, 129 Ga. 143 (58 S. E. 1055); Faucett v. Rogers, 152 Ga. 168 (108 S. E. 798); Mohr-Weil Dumber Co. v. Russell, 109 Ga. 579 (34 S. E. 1005).
Judgment affirmed on the main bill and reversed on the cross-bill of exceptions.
The exceptions of law and of fact were filed on March 22, 1952, and on April 6, 1953, over one year later, the demurrer and motion to dismiss the exceptions, the amendment offered to the exceptions allowed filed subject to demurrer and objections, and the objections, demurrer, and motion to strike the exceptions as amended, were all filed. In order to expedite the submission of all exceptions of fact for determination by a jury, it was stipulated that the court would rule on the demurrers to and motion to dismiss the exceptions of fact filed by Simon Wolf Endowment Fund, Inc., without prejudice to a later ruling on the demurrer and motion to dismiss the exceptions of law. Cer
At a later date, the court sustained the renewed demurrer, objections, and motion to strike the exceptions of law, as amended and decreed title to be in Thomas B. West subject to certain tax liens. The main bill of exceptions is to this final judgment and to the antecedent ruling above.
Reference
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- Simon Wolf Endowment Fund, Inc. v. West West v. Simon Wolf Endowment Fund, Inc.
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