Legal Opinion

Blyth v. White

Supreme Court of Georgia

Decided February 19, 1934No. 9587PublishedCited by 16 opinions

1Opinion of the CourtAtkinson, J.

An order sustaining special demurrers to a petition recited that no ruling was made on the general demurrer, and granted leave to amend within thirty days “to meet all the demurrers sustained.” Held:

1. Such an order does not purport to dismiss the entire action and end jurisdiction of the case unless the petition is amended, but its effect is to retain jurisdiction of the case, and grant time in which to amend.

2. The character of the order being as indicated in the preceding note, such order can be amended within the period of the extended time at a subsequent term of the court by an order…

2Cases cited13 opinions

  1. Clark v. GansonSupreme Court of Georgia · 1916
  2. Ripley v. Eady & MayfieldSupreme Court of Georgia · 1899
  3. Wells v. Butler's Builders' Supply Co.Supreme Court of Georgia · 1907
  4. Olds Motor Works v. Olds Oakland Co.Supreme Court of Georgia · 1913
  5. Buchan v. WilliamsonSupreme Court of Georgia · 1908

8 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Northside Manor, Inc. v. VannSupreme Court of Georgia · 1963
  2. Smith v. Atlanta Gas-Light Co.Supreme Court of Georgia · 1935
  3. Humphries v. MorrisSupreme Court of Georgia · 1934
  4. Moore v. BryanCourt of Appeals of Georgia · 1935
  5. Parsons v. FosheeCourt of Appeals of Georgia · 1949

11 more not listed; retrieve them via the Exa API.

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