Legal Opinion

Olshine v. Bryant

Court of Appeals of Georgia

Decided November 14, 1936No. 25493Published

1Opinion of the CourtBroyles, C. J.

1. A judgment can not be arrested for any defect in tire pleadings or record that is aided by tlie verdict, or is amendable as a matter of form. Code, § 110-705.

2. Where a defendant appears and pleads to the merits of a case, without pleading to the jurisdiction of the court, and without excepting thereto, he thereby admits the jurisdiction of the court (Code, § 81-503; Hudgins Co. v. Redmond, 178 Ga. 317, 173 S. E. 135); and after verdict and judgment, the question of jurisdiction can not be raised in a motion to arrest the judgment.

3. Appearance and pleading to the merits is a waiver of all…

2Cases cited5 opinions

  1. Hudgins Contracting Co. v. RedmondSupreme Court of Georgia · 1934
  2. Miller v. Georgia Railroad BankSupreme Court of Georgia · 1904
  3. General Accident, Fire & Life Assurance Corp. v. WayCourt of Appeals of Georgia · 1917
  4. Executive Committee of Baptist Convention v. SmithCourt of Appeals of Georgia · 1931
  5. Hardwick v. HatfieldCourt of Appeals of Georgia · 1923

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