Legal Opinion
Luke v. Ellis
Supreme Court of Georgia
Decided October 11, 1946No. 15555PublishedCited by 22 opinions
1Opinion of the Court
Bell, Chief Justice.
1. An order which merely requires the plaintiff to amend to meet demurrers, general or special, does not ipso facto work a dismissal of the suit; and this is true even though no amendment is offered. Accordingly, unless the order goes further and actually dismisses the petition, or provides by its terms for automatic dismissal in the future on failure to amend, it will take a second or additional order to dismiss the action. Georgia Railway and Power Co. v. Kelly, 150 Ga. 698 (105 S. E. 300) ; Bagley v. Bagley, 194 Ga. 154 (20 S. E. 2d, 760) ; Smith v. Bugg, 35 Ga. App.…
2Cases cited20 opinions
- Peoples Loan Company v. AllenSupreme Court of Georgia · 1945
- Smith v. BuggCourt of Appeals of Georgia · 1926
- Peoples Loan Co. v. AllenSupreme Court of Georgia · 1945
- Arteaga v. ArteagaSupreme Court of Georgia · 1929
- Georgia Railway & Power Co. v. KellySupreme Court of Georgia · 1920
15 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Gillen v. BostickSupreme Court of Georgia · 1975
- Gibson v. HodgesSupreme Court of Georgia · 1966
- Maddox v. Life & Casualty InsuranceCourt of Appeals of Georgia · 1949
- Garver v. Public Service Company of New MexicoNew Mexico Supreme Court · 1966
- Chambers v. Peacock Construction Co.Court of Appeals of Georgia · 1967
17 more not listed; retrieve them via the Exa API.