Legal Opinion
Milton v. Milton
Supreme Court of Georgia
Decided December 2, 1942No. 14301PublishedCited by 21 opinions
1Opinion of the Court
1. Where the trial judge has overruled a general demurrer and his judgment is reversed by the reviewing court, the plaintiff may, before the remittitur from the reviewing court is made the judgment of the trial court, amend his petition as if no judgment had been rendered; otherwise where the reviewing court affirms a judgment sustaining a general demurrer.
2. Plaintiff's amendment to his original petition, which sought specific performance of an oral promise to give the plaintiff certain lands, which amendment struck the allegations held in Milton v. Milton, 192 Ga. 778 (16 S.E.2d 573), to…
2Cases cited39 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Board of Education v. DaySupreme Court of Georgia · 1907
- Georgia Railroad & Banking Co. v. WrightSupreme Court of Georgia · 1906
- Perry v. McLendonSupreme Court of Georgia · 1879
34 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Spence v. ErwinSupreme Court of Georgia · 1946
- Jones v. West End Theatre Co.Court of Appeals of Georgia · 1956
- Weimer v. CaubleSupreme Court of Georgia · 1959
- Waldrop v. BettisSupreme Court of Georgia · 1967
- Southeastern Wholesale Furniture Co. v. Atlanta Metallic Casket Co.Court of Appeals of Georgia · 1951
16 more not listed; retrieve them via the Exa API.