Georgia Railway & Power Co. v. Kelly
Supreme Court of Georgia
Certiorari; from Court of Appeals. 24 Ga. App. 439. Mrs. M. Kelly filed a suit in the superior courts for damages from personal injuries, against the Georgia Railway and Power Company and the American Railway Express Company as joint tort-feasors.
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Certiorari; from Court of Appeals. 24 Ga. App. 439. Mrs. M. Kelly filed a suit in the superior courts for damages from personal injuries, against the Georgia Railway and Power Company and the American Railway Express Company as joint tort-feasors. The Georgia Railway and Power Company filed a demurrer to the petition, on the grounds of misjoinder of defendants, misjoinder of actions, and because the petition failed to itemize the drug bills and the doctor’s bill alleged to have been incurred. On February 4, 1919, the judge passed the following order on the demurrer: “This demurrer is, upon…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.) The grounds of demurrer to the petition were special; and if it were subject to them, the petition should have been dismissed unless cured by amendment. Civil Code, § 5631. If the judgment of the trial court on the demurrer was not in effect a dismissal of the petition, such judgment was not a final disposition of the case in the trial court, but left it pending there, and the writ of error to the Court of Appeals was premature, and that court was without jurisdiction to entertain the case. -Civil Code, § 6138. The judgment of the trial court on the…
2Cases cited4 opinions
- Clark v. GansonSupreme Court of Georgia · 1916
- Speer v. AlexanderSupreme Court of Georgia · 1920
- Steed v. SavageSupreme Court of Georgia · 1904
- Waller & Co. v. ClarkeSupreme Court of Georgia · 1909
3Cited by31 opinions
- Smith v. BuggCourt of Appeals of Georgia · 1926
- Peacock Construction Co. v. ChambersSupreme Court of Georgia · 1967
- Chambers v. Peacock Construction Co.Court of Appeals of Georgia · 1967
- Beiter v. Decatur Federal Savings & Loan Ass'nSupreme Court of Georgia · 1966
- Smith v. Atlanta Gas-Light Co.Supreme Court of Georgia · 1935
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