Kehr v. Floyd & Co.
Supreme Court of Georgia
Motion to reinstate. Before Judge Seabrook. Effingham superior court. November 11, 1909.
1Opinion of the CourtAtkinson, J.
1. After a general demurrer to a declaration has been sustained and the cause dismissed by the superior court, and that judgment affirmed in the Supreme Court without condition or direction, the declaration is not amendable. Central R. Co. v. Patterson, 87 Ga. 646 (13 S. E. 525) ; Benning v. Horkan, 123 Ga. 454 (51 S. E. 333) ; Goldsmith v. Georgia R. Co., 62 Ga. 543.(a) Accordingly it was not erroneous in the present ease, after the decision of the Supreme Court and before the remittitur was made the judgment of the superior court, for the judge to refuse to allow the plaintiffs to reinstate…
2Cases cited2 opinions
- Central Railroad & Banking Co. v. PatersonSupreme Court of Georgia · 1891
- Benning v. HorkanSupreme Court of Georgia · 1905
3Cited by13 opinions
- Harrison v. HarrisonSupreme Court of Georgia · 1951
- Federal Investment Co. v. EwingSupreme Court of Georgia · 1928
- Simpson v. HayesSupreme Court of Georgia · 1952
- McRae v. SearsSupreme Court of Georgia · 1936
- United States v. HatcherSupreme Court of Georgia · 1938
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