Legal Opinion

First National Bank v. Sanders

Court of Appeals of Georgia

Decided March 13, 1924No. 14832PublishedCited by 6 opinions

1Opinion of the CourtJenkins, P. J.

1. While a ruling sustaining a demurrer to a plea or answer, not being a final judgment, will not of itself support a writ of error, yet where, upon the striking of the defendant’s pleadings, a final judgment is entered for the plaintiff, a writ of error will lie to review the *790preliminary ruling striking all the defenses as controlling in the cause, provided error is also properly assigned on the final judgment. See Kennedy v. Savannah Buggy Co., 22 Ga. App. 762 (97 S. E. 196). Error being properly assigned in the instant case, and such evidence as may have been offered by the plaintiff after…

2Cases cited5 opinions

  1. Dierks v. SmithSupreme Court of Georgia · 1904
  2. Roberts v. RowellSupreme Court of Georgia · 1921
  3. Moore v. Citizens BankCourt of Appeals of Georgia · 1917
  4. Shaine & Son v. BlockCourt of Appeals of Georgia · 1922
  5. Kennedy & Co. v. Savannah Buggy Co.Court of Appeals of Georgia · 1918

3Cited by6 opinions

  1. Clark v. BridgesSupreme Court of Georgia · 1927
  2. Nash v. MartinCourt of Appeals of Georgia · 1954
  3. Leonas v. JohnsonCourt of Appeals of Georgia · 1970
  4. First National Bank v. SandersCourt of Appeals of Georgia · 1925
  5. Smith v. GormleyCourt of Appeals of Georgia · 1933

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