Drake v. Parkman

1. The court was without authority to dismiss the action, where at a prior term another judge had made the law of the case by overruling the general demurrer when no motion to vacate or change it was made during the term. Loughridge v. Dalton, 166 Ga. 323 (143 S. E. 393); Sims v. Georgia Ry. & Elec. Co., 123 Ga. 643 (51 S. E. 573); Kaiser v. Kaiser, 195 Ga. 774 (25 S. E. 2d, 665); Ponsell v. Citizens & Southern Bank, 35 Ga. App. 460 (133 S. E. 351); Georgia Northern Ry. Co. v. Hutchins & Jenkins, 119 Ga. 504 (46 S. E. 659). That brings us to the same legal question raised in the cross-bill as…