Legal Opinion

MacDougald Construction Co. v. State Highway Department

Court of Appeals of Georgia

Decided February 15, 1940No. 27221Published

1Opinion of the CourtStephens, P. J.

The judgment of this court reversing the judgment of the trial court sustaining the general demurrer to the petition (59 Ga. App. 708, 2 S. E. 2d, 197), was reversed by the Supreme Court on certiorari (189 Ga. 490, 6 S. E. 2d, 570). The judgment of the Supreme Court is now made the judgment of this court, and the judgment of this court heretofore rendered is hereby vacated. Under the decision and judgment of the Supreme Court, the trial court did not err in sustaining the general demurrer and dismissing the petition.

Judgment affirmed.

Sutton and Felton, JJ., concur.

2Cases cited2 opinions

  1. State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
  2. MacDougald Construction Co. v. State Highway DepartmentCourt of Appeals of Georgia · 1939