Legal Opinion
Prince v. Brickell
Court of Appeals of Georgia
Decided February 28, 1953No. 34422PublishedCited by 11 opinions
1Opinion of the CourtStjtton, C. J.
A timely writ of error lies to a judgment overruling a general demurrer to the plaintiff’s petition, although the case has proceeded to trial, and the final judgment rendered therein has not been excepted to. Where the plaintiff proceeds to trial under such circumstances, he does so at his peril; that is, he takes the risk of having the judgment overruling the demurrer reversed, in which event the trial of the case would be a nullity. Code, § 6-701; Elrod v. Hulett, 62 Ga. App. 659, 661 (9 S. E. 2d, 279); Lowe v. Burke, 79 Ga. 164 (3 S. E. 449); Jones v. Hurst, 91 Ga. 338 (17 S. E. 635). The…
2Cases cited16 opinions
- Frazier v. Southern Railway CompanySupreme Court of Georgia · 1946
- Central of Georgia Railway Co. v. BrownSupreme Court of Georgia · 1901
- Savannah Electric Co. v. WheelerSupreme Court of Georgia · 1907
- Lowe v. BurkeSupreme Court of Georgia · 1887
- Jones v. HurstSupreme Court of Georgia · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- American Oil Co. v. McCluskeyCourt of Appeals of Georgia · 1969
- Jon Wiley Cronic v. Jeffrey H. DuvallCourt of Appeals of Georgia · 2018
- Knowles v. LaRueCourt of Appeals of Georgia · 1960
- Effort Enterprises, Inc. v. CrostaCourt of Appeals of Georgia · 1990
- Jones v. Dixie Ohio Express, Inc.Court of Appeals of Georgia · 1967
6 more not listed; retrieve them via the Exa API.