O'Dell v. Wolcott
Court of Appeals of Georgia
Action for damages; from city court of Savannah — Judge Davis Freeman. November 34, 1913. The petition alleges, in brief, that on January 5, 1913, the plaintiff was riding a motorcycle northward on Drayton street in the city of Savannah, and, as he was crossing Macon street, a described automobile, of which the defendant was the owner, and which was at that time being operated by the defendant’s agent and employee and in his interest, was proceeding southward on Drayton…
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Action for damages; from city court of Savannah — Judge Davis Freeman. November 34, 1913. The petition alleges, in brief, that on January 5, 1913, the plaintiff was riding a motorcycle northward on Drayton street in the city of Savannah, and, as he was crossing Macon street, a described automobile, of which the defendant was the owner, and which was at that time being operated by the defendant’s agent and employee and in his interest, was proceeding southward on Drayton street; and, as the plaintiff was crossing Macon street, and when he had proceeded about two thirds of the distance across…
1Opinion of the CourtRussell, C. J.
1. Since the decision of the trial court upon the general demurrer to the petition would have been a final disposition of the case if it had been rendered as claimed by the plaintiff in error, the writ of error can not be'dismissed as prematurely brought. Civil Code, § 6138.
2. Proper exception in a bill of exceptions to a judgment overruling a general demurrer confers jurisdiction of the writ of error; and a bill of exceptions containing such an exception will not be dismissed merely because the brief or argument of counsel makes no reference to that exception.
*537Decided May 14, 1914. Action for…
2Cited by6 opinions
- King Hardware Co. v. EnnisCourt of Appeals of Georgia · 1929
- Georgia Power Co. v. GillespieCourt of Appeals of Georgia · 1934
- Covington v. BrewerCourt of Appeals of Georgia · 1960
- Raines v. JonesCourt of Appeals of Georgia · 1957
- Faggart v. RoweCourt of Appeals of Georgia · 1925
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