Legal Opinion

Cooper v. Vanhorn

Court of Appeals of Georgia

Decided October 1, 1938No. 26841PublishedCited by 5 opinions

1Opinion of the CourtBroyles, C. J.

1. “It is well settled by repeated decisions of the Supreme Court and the Court of Appeals that a judgment sustaining or striking a plea in abatement is not a final judgment within the meaning of Code, § 6-701, and that such a judgment can not be reviewed by a direct bill of exceptions to the appellate court." Pattison v. Davis, 56 Ga. App. 801 (194 S. E. 222), and cit.

2. In Pattison v. Davis, supra, the only assignment of error in the bill of exceptions was “upon the judgment setting aside the verdict of the jury finding in favor of the plea in bar filed by the defendants. The judgment…

2Cases cited2 opinions

  1. English v. RosenkrantzSupreme Court of Georgia · 1920
  2. Pattison v. DavisCourt of Appeals of Georgia · 1937

3Cited by5 opinions

  1. Martin v. GreenSupreme Court of Georgia · 1939
  2. Harris v. StateCourt of Appeals of Georgia · 1941
  3. Medernach v. BazemoreCourt of Appeals of Georgia · 1959
  4. Goldstein v. StateCourt of Appeals of Georgia · 1956
  5. Almon v. R. H. Macy & Co.Court of Appeals of Georgia · 1961

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