Legal Opinion
McFarland v. Lumpkin
Court of Appeals of Georgia
Decided September 24, 1963No. 40304PublishedCited by 3 opinions
1Opinion of the Court
Felton, Chief Judge.
Where a petition is brought in two counts, one for breach of contract and the other on quantum meruit, and a general demurrer is sustained to the former count, the “cause” is still pending in the court below and an exception to the sustaining of the demurrer to one of the counts, under the following decisions, and others, is premature. Johnson v. Henry & Co., 178 Ga. 542 (174 SE 140); Carhart v. Mackle, 22 Ga. App. 520 (96 SE 591); Southern Flour &c. Co. v. Levy Rice Milling Co., 22 Ga. App. 554 (96 SE 593); Railey v. United Life &c. Ins. Co., 25 Ga. App. 301 (103 SE 84);…
2Cases cited7 opinions
- McGregor v. State Co.Supreme Court of South Carolina · 1920
- Carhart v. MackleCourt of Appeals of Georgia · 1918
- Johnson v. Henry & Co.Supreme Court of Georgia · 1934
- Stein v. LazarusCourt of Appeals of Georgia · 1925
- Southern Flour & Grain Co. v. Levy Rice Milling Co.Court of Appeals of Georgia · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- COLUMBUS BANK & TRUST COMPANY v. Fryer Chevrolet, Inc.Court of Appeals of Georgia · 1965
- Dawn Memorial Park, Inc. v. Southern Cemetery Consultants of Georgia, Inc.Court of Appeals of Georgia · 1966
- McCorkle v. McLendonCourt of Appeals of Georgia · 1967