Gilmore v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Action for damages. Before Judge Roney. Columbia superior court. September term, 1892. Gilmore sued the railroad company on March 15th, 1891. The company filed a plea in abatement.
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Action for damages. Before Judge Roney. Columbia superior court. September term, 1892. Gilmore sued the railroad company on March 15th, 1891. The company filed a plea in abatement. In evidence appeared the record of a suit by the same plaintiff against the same defendant for the same cause of action,filed in the same court on March 3d,1888,together with a judgment of nonsuit granted at the September term, 1890. To this judgment the defendant excepted and brought the case to the Supreme Court, but the judge’s certificate to the bill of exceptions was in the form set out in section 4252 of the…
1Opinion of the Court
Bleckley, Chief Justice.
The first suit was terminated by a judgment of non-suit in the court below, before the second was brought. That judgment was final in its nature, and the writ of error which was pending when the second suit was commenced, was so defective that no reversal upon it could possibly have been had without an express or implied waiver of the defects by the defendant in error. Pendley v. The State, 87 Ga. 186. No such waiver took place while the writ of error was pending. Consequently at no time previous to its withdrawal could any judgment' have been rendered upon it except…
2Cases cited1 opinion
- Pendley v. StateSupreme Court of Georgia · 1891
3Cited by4 opinions
- Wilson v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1902
- Seaboard Air-Line Railway v. RandolphSupreme Court of Georgia · 1906
- Manufacturers' Bottle Co. v. Taylor-Stites Glass Co.Massachusetts Supreme Judicial Court · 1911
- Cantrell v. DavisCourt of Appeals of Georgia · 1933