Lewis v. Fry

A motion was made by the defendant to dismiss the writ of error on the ground that the case has become moot for stated reasons, but the response to the motion raises issues of fact as to the contention of the defendant. It thus not appearing without dispute that the case is moot, the writ of error will not be dismissed. Tuells v. Torras, 113 Ga. 691 (39 S. E. 455); Wilson v. Eatonton, 180 Ga. 598, 602 (180 S. E. 227); Jones v. Johnson, 185 Ga. 323, 324 (1) (194 S. E. 902).

It is contended in the brief of counsel for the plaintiff that only the general demurrers were passed on by the trial…