Pratt v. Gibson
Supreme Court of Georgia
Complaint. Before Judge Boss. City court of Macon. September term, 1894. The suit was for a balance of $176.78 alleged to be due on a promissory note attached to the declaration. The note recited that it was given for future advances-of merchandise to he made by plaintiff to defendant; and upon it were credits of “amount not taken, $113.14; sale of property, $110.08.” Defendant demurred for want of a bill of particulars of the merchandise furnished.
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Complaint. Before Judge Boss. City court of Macon. September term, 1894. The suit was for a balance of $176.78 alleged to be due on a promissory note attached to the declaration. The note recited that it was given for future advances-of merchandise to he made by plaintiff to defendant; and upon it were credits of “amount not taken, $113.14; sale of property, $110.08.” Defendant demurred for want of a bill of particulars of the merchandise furnished. At the April term, 1894, the court ordered that the demurrer be sustained and the declaration dismissed,, unless plaintiff should file a bill of…
1Opinion of the CourtSimmons, C. J.
A judgment sustaining a demurrer to the declaration and dismissing the cause unless the plaintiff by the first day of the next term shall file and serve a certain amendment, operates as a final judgment of dismissal, with the right on the part of the plaintiff, by complying with the condition imposed, to .bring about a reinstatement of his case. In such a case, after the time had elapsed .within which, under the order, the plaintiff could by his own act bring about a reinstatement, the condition not having been complied with, the court lost jurisdiction of the case, and had no authority to…
2Cited by11 opinions
- Smith v. BuggCourt of Appeals of Georgia · 1926
- Peacock Construction Co. v. ChambersSupreme Court of Georgia · 1967
- Chambers v. Peacock Construction Co.Court of Appeals of Georgia · 1967
- Hayes v. SimpsonCourt of Appeals of Georgia · 1950
- Blyth v. WhiteSupreme Court of Georgia · 1934
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