West v. Atlanta Loan & Saving Co.
Court of Appeals of Georgia
Certiorari; from Eulton superior court—Judge Bell. October 11, 1917. The Atlanta Loan and Saving Company sued Mrs. J. E. West et al., in the municipal court of Atlanta, on a promissory note. The defendants filed a special demurrer to the petition. It was overruled, and a verdict was rendered in favor of the plaintiff. A new trial was granted on motion of the defendants; and upon the second trial they insisted on their special demurrer.
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Certiorari; from Eulton superior court—Judge Bell. October 11, 1917. The Atlanta Loan and Saving Company sued Mrs. J. E. West et al., in the municipal court of Atlanta, on a promissory note. The defendants filed a special demurrer to the petition. It was overruled, and a verdict was rendered in favor of the plaintiff. A new trial was granted on motion of the defendants; and upon the second trial they insisted on their special demurrer. The trial judge held that the demurrer having been overruled in a preceding trial, the question raised by it was closed, and could not be opened oh a second…
1Opinion of the CourtHarwell, J.
1. This case was tried twice in the municipal court. The petition for certiorari alleged that on the second trial the plaintiffs in error insisted on the demurrer which had been overruled on the first trial. The demurrer not being set out, and, *185according to the answer, no exception pendente lite having been taken to the order overruling the demurrer, this ground can not be considered.
2. The motion made by the defendants to grant a nonsuit, because of an alleged failure of the plaintiff to produce, under no'tice (Civil Code, § 5839), certain records, was without merit. The book of fines and…
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