Legal Opinion

Smith v. Mullinax

Court of Appeals of Georgia

Decided November 17, 1970No. 45386, 45387Published

1Opinion of the Court

122 Ga. App. 833 (1970)

178 S.E.2d 909

SMITH et al.

v.

MULLINAX (two cases).

45386, 45387.

Court of Appeals of Georgia.

Argued June 8, 1970.

Decided November 17, 1970.

Kenyon, Gunter, Hulsey & Sims, William B. Gunter, Edgar H. Sims, Jr., for appellants.

Reed & Dunn, R. Elliott Dunn, Jr., Charles H. Hyatt, for appellees.

HALL, Presiding Judge.

1. The motions to dismiss the appeals are denied. The default judgment on liability against Hill which was entered on July 9, 1969, was not a final judgment subject to direct appeal and could not become the law of the case by virtue of not appealing within thirty…

Also in this document: Dissent.

2Cases cited18 opinions

  1. Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. RogersSupreme Court of the United States · 1958
  2. Magenau v. Aetna Freight Lines, Inc.Supreme Court of the United States · 1959
  3. Williamson v. LunsfordCourt of Appeals of Georgia · 1969
  4. King v. SmithCourt of Appeals of Georgia · 1933
  5. Frye v. PyronCourt of Appeals of Georgia · 1935

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