Legal Opinion
Knighton v. Alexander
Court of Appeals of Georgia
Decided May 5, 1950No. 33003PublishedCited by 4 opinions
1Opinion of the Court
Sutton, C! J.
(After stating the foregoing facts.) The answer of the justice admits, as asserted by the applicant for certiorari, that the special demurrer was not passed upon, and adds that it was not brought to his attention. It was the duty of the justice to pass upon the demurrer before entering upon a consideration of the facts and such omission is undoubtedly error. The error is not in all cases, however, harmful and reversible. In Seaboard Air-Line Ry. Co. v. Jolly, 160 Ga. 315 (2) (127 S. E. 765), it was ruled: “While, as we have ruled above, the trial court should have passed upon the…
2Cases cited8 opinions
- Sawyer v. City of BlakelyCourt of Appeals of Georgia · 1907
- Pape v. Woolford Realty Co.Court of Appeals of Georgia · 1926
- Seaboard Air-Line Railway Co. v. JollySupreme Court of Georgia · 1925
- Firemen's Insurance v. OliverCourt of Appeals of Georgia · 1933
- Ivey v. PayneCourt of Appeals of Georgia · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- CMT Investment Co. v. Automated Graphics Unlimited, Inc.Court of Appeals of Georgia · 1985
- CMT Investment Co. v. Automated Graphics Unlimited, Inc.Court of Appeals of Georgia · 1985
- D. H. Overmyer Warehouse Co. v. W. C. Caye & Co.Court of Appeals of Georgia · 1967
- D. H. Overmyer Warehouse Co. v. W. C. Caye & Co.Court of Appeals of Georgia · 1967