Legal Opinion · Concurrence

Jackowitz v. Tingle

Court of Appeals of Georgia

Decided October 24, 1958No. 37370Published

1Concurrence

Felton, Chief Judge,

concurring specially. 1. There is an additional reason why the defendant had a right to demur to the petition as amended and that is that in the first order the court sustained one ground of demurrer and the order allowed the plaintiff twenty days within which to amend and provided that “otherwise petition is dismissed.” Under the amendment to Code (Ann.) § 81-1001 such a judgment is of no effect and means nothing insofar as the law of the case is concerned, as another and final order must be passed whether the pleadings are amended or not. McConnell v. White, 91 Ga. App.…

2Cases cited3 opinions

  1. Stansell v. CorleySupreme Court of Georgia · 1889
  2. Alropa Corporation v. GoldsteinCourt of Appeals of Georgia · 1943
  3. McConnell v. WhiteCourt of Appeals of Georgia · 1954

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