Young v. Jones

On Motion for Rehearing.

Appellee argues that the concluding sentence in the first division of the foregoing opinion requires that we expressly overrule our holdings in Thornton v. State, 136 Ga. App. 655 (222 SE2d 158) and Turner v. American &c. Ins. Co., 109 Ga. App. 721 (137SE2d 385). This is incorrect. In each of those decisions there was a separate and independent case between the same parties; they did not involve two appeals of the same case as exists here.

At page 761 of the cause celebre of Frank v. State, 142 Ga. 741 (83 SE 645) the rule is stated "That this court will take judicial…