Berrien County Bank v. Alexander
Supreme Court of Georgia
The Court of Appeals (in Case No. 13394) requested instruction from the Supreme Court upon the following questions, a determination of which is necessary for the decision of this case: 1. Upon its former appearance before the Court of Appeals (Berrien County Bank v. Alexander, 28 Ga. App. 55, 110 S. E. 311), the judgment of the trial court in this case was reversed upon the ground that the petition failed to set out a cause of action.
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The Court of Appeals (in Case No. 13394) requested instruction from the Supreme Court upon the following questions, a determination of which is necessary for the decision of this case: 1. Upon its former appearance before the Court of Appeals (Berrien County Bank v. Alexander, 28 Ga. App. 55, 110 S. E. 311), the judgment of the trial court in this case was reversed upon the ground that the petition failed to set out a cause of action. After the receipt of the remittitur of the Court of Appeals by the clerk of the lower court, the trial judge signed an order making the remittitur of the Court…
1Opinion of the CourtHines, J.
1. Was the judge of the city court of Nashville without jurisdiction to vacate his previous order making the judgment of the Court of Appeals the judgment of that court, and, after vacating the same, to permit the plaintiff to amend his petition to meet the grounds of demurrer thereto, under the facts stated in the first question propounded to this court by the Court of Appeals? Where the Court of Appeals reversed the judgment of the city court of Nashville overruling the demurrer to the petition of the plaintiff, it was not too late for the latter, before the remittitur was acted upon and…
2Cases cited17 opinions
- McCandless v. ConleySupreme Court of Georgia · 1902
- Bowen v. WyethSupreme Court of Georgia · 1904
- Van Dyke v. Van DykeSupreme Court of Georgia · 1904
- Savannah, Florida & Western Railway Co. v. ChaneySupreme Court of Georgia · 1898
- Augusta Railway Co. v. AndrewsSupreme Court of Georgia · 1893
12 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Bennett v. GreenSupreme Court of Georgia · 1923
- Deen v. Baxley State BankSupreme Court of Georgia · 1941
- Chapman v. Guaranty State BankTexas Commission of Appeals · 1924
- Holton v. LankfordSupreme Court of Georgia · 1939
- Cahoon v. WillsSupreme Court of Georgia · 1934
35 more not listed; retrieve them via the Exa API.