Hill v. Willis

Mobley, Justice,

dissenting. 1. The Court of Appeals held that the petition for damages was duplicitous, and that the provisions of the Civil Practice Act had no application to the judgment on appeal because the case was tried and all rulings were made prior to the effective date of the Act. The majority opinion reversed these rulings.

It is my view that the Court of Appeals correctly interpreted the effective date of the Civil Practice Act. This court has previously so construed the Act. For illustration, see City of Columbus v. Stubbs, 223 Ga. 765 (158 SE2d 392), where a judgment was reversed…