Legal Opinion
Smith v. Barksdale
Supreme Court of Georgia
Decided September 7, 1945No. 15249PublishedCited by 8 opinions
1Opinion of the Court
Duckworth, Justice.
The only ruling excepted to is one overruling a general demurrer to the petition. That judgment was rendered on May 30, 1945, and on June 2, 1945, it was excepted to pendente lite, and on the same day the present bill of exceptions was presented and certified. Held: While the losing party, under repeated rulings of this court, has the option of having reviewed a judgment on demurrer by a direct bill of exceptions or to have certified and filed exceptions pendente lite, if the latter course be followed the ruling on demurrer becomes a pendente lite ruling which is reviewable…
2Cases cited4 opinions
- Durrence v. WatersSupreme Court of Georgia · 1913
- Newton v. RobertsSupreme Court of Georgia · 1926
- Gilbert v. Tippens, superintendent of banksSupreme Court of Georgia · 1936
- Carpenter v. State Ex Rel. HainsSupreme Court of Georgia · 1942
3Cited by8 opinions
- American Mutual Liability Insurance v. SatterfieldCourt of Appeals of Georgia · 1953
- Clements v. HollingsworthSupreme Court of Georgia · 1947
- Verner v. DEKALB COUNTY, GEORGIASupreme Court of Georgia · 1950
- Simpson v. SimpsonSupreme Court of Georgia · 1948
- Cordele Sash, Door & Lumber Co. v. Prudential Insurance Co. of AmericaCourt of Appeals of Georgia · 1951
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