Legal Opinion

Western Union Telegraph Co. v. Lumpkin

Supreme Court of Georgia

Decided November 16, 1896PublishedCited by 17 opinions

Certiorari. Before Judge Butt. Marion superior court. October term, 1895.

1Opinion of the CourtAtkinson, J.

Until final judgment upon a pending action, the repeal of a statute which gives the cause of action upon which the suit is predicated destroys the right, and the action ipso facto abates. As long as the defendant has a right of exception to any judgment which may have been rendered in such an action, such judgment is not final, and the repeal of the statute deprives the courts of any further jurisdiction of the case. Western Union Telegraph Company v. Smith, 96 Ga. 569.

Judgment on main bill of exceptions reversed.

Cross-bill of exceptions dismissed.

2Cases cited1 opinion

  1. Western Union Telegraph Co. v. SmithSupreme Court of Georgia · 1895

3Cited by17 opinions

  1. City of Valdosta v. SingletonSupreme Court of Georgia · 1944
  2. Fulton County v. SpratlinSupreme Court of Georgia · 1954
  3. Fulton Bag & Cotton Mills v. WilliamsSupreme Court of Georgia · 1956
  4. Spengler v. Employers Commercial Union InsuranceCourt of Appeals of Georgia · 1974
  5. Seaboard Coast Line Railroad v. TownsCourt of Appeals of Georgia · 1980

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