Staton v. Exchange Bank
Court of Appeals of Georgia
Appeal; from Floyd superior court—Judge Wright. January 13, 1914. On the ground that it did not affirmatively appear that the appeal was entered within four days from the rendition of the judgment, the defendant moved in the superior court that the plaintiff’s appeal to that court from the judgment of a justice’s court be dismissed. A judgment overruling this motion was reversed by the Court of Appeals (14 Ga.
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Appeal; from Floyd superior court—Judge Wright. January 13, 1914. On the ground that it did not affirmatively appear that the appeal was entered within four days from the rendition of the judgment, the defendant moved in the superior court that the plaintiff’s appeal to that court from the judgment of a justice’s court be dismissed. A judgment overruling this motion was reversed by the Court of Appeals (14 Ga. App. 7, 80 S. E. 23), and, on the subsequent call of the case for trial in the superior court, when the defendant moved that the remittitur from the Court of Appeals be made the…
1Opinion of the CourtRussell, C. J.
1. When the superior court refuses to dismiss an appeal, the case, of course, remains in court; and though, on writ of error, the judgment refusing to dismiss the appeal be reversed, the ease remains in the superior court until the remittitur has been made the judgment of that court. Consequently, before the judgment upon the remittitur is made the judgment of the superior court, an amendment, to cure any defect in the pleadings or proceedings, may be offered in that court; and the court, in allowing the filing of additional proceedings, may hear such preliminary proof as is requisite for…
2Cases cited21 opinions
- Central Railroad & Banking Co. v. PatersonSupreme Court of Georgia · 1891
- Williams v. Empire Mutual Annuity & Life InsuranceCourt of Appeals of Georgia · 1910
- Savannah, Florida & Western Railway Co. v. ChaneySupreme Court of Georgia · 1898
- City of Rome v. SudduthSupreme Court of Georgia · 1904
- Rice v. Ware & HarperCourt of Appeals of Georgia · 1908
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3Cited by2 opinions
- Campbell v. WalkerCourt of Appeals of Georgia · 1917
- Winn v. HinsonCourt of Appeals of Georgia · 1940