Legal Opinion

Shook v. Southern Railway Co.

Court of Appeals of Georgia

Decided January 27, 1960No. 38029PublishedCited by 7 opinions

1Opinion of the Court

Felton, Chief Judge.'

The defendant has moved to dismiss the writ of error on the grounds that orders of March 16th and July 13th are not final orders from which an appeal will lie and that the order of August 31st is not final since it does not preclude plaintiff from reinstating his action. It is true that where the court sustains any or all demurrers to pleadings, and allows time for the filing of an amendment, such judgment or order is not subject to exception or review. McCormick v. Johnson, 213 Ga. 544 (1) (100 S. E. 2d 195). The order of March 16th falls squarely within this rule and…

2Cases cited4 opinions

  1. Dunn v. Western Union Telegraph Co.Court of Appeals of Georgia · 1907
  2. Kuhr Bros., Inc. v. SpahosCourt of Appeals of Georgia · 1954
  3. McCormick v. JohnsonSupreme Court of Georgia · 1957
  4. McNeal v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1919

3Cited by7 opinions

  1. Schaefer v. Mayor &C. of AthensCourt of Appeals of Georgia · 1969
  2. Brown v. Colonial Stores, Inc.Court of Appeals of Georgia · 1964
  3. Shapiro Packing Co. v. LandrumCourt of Appeals of Georgia · 1964
  4. American Express Co. v. VarnedoeCourt of Appeals of Georgia · 1974
  5. Brown v. Colonial Stores, Inc.Court of Appeals of Georgia · 1964

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