Legal Opinion

McCullough v. Atlantic Refining Co.

Supreme Court of Georgia

Decided December 11, 1935No. 10725PublishedCited by 6 opinions

1Opinion of the Court

Hutcheson, Justice.

1. “The Supreme Court or tlie Court of Appeals shall not decide any question unless it is made by a specific assignment of error in the bill of exceptions, and shall decide any question . made by such assignment.” Code of 1933, § 6-1607.

2. Misjoinder of causes of action must be taken advantage of by special demurrer, and is not ground for general demurrer. Ga. R. Co. v. Tice, 124 Ga. 459 (52 S. E. 916, 4 Ann. Cas. 200); Riley v. Royal Arcanum, 140 Ga. 178 (78 S. E. 803); Neil v. Dow Law Bank, 138 Ga. 158 (74 S. E. 1027).

3. Where a general demurrer to a petition was based on…

2Cases cited3 opinions

  1. Georgia Railroad & Banking Co. v. TiceSupreme Court of Georgia · 1905
  2. Riley v. Royal ArcanumSupreme Court of Georgia · 1913
  3. Neil v. Dow Law BankSupreme Court of Georgia · 1912

3Cited by6 opinions

  1. Bryant v. Motors Ins. Corp.Court of Appeals of Georgia · 1964
  2. Banks County v. StarkCourt of Appeals of Georgia · 1953
  3. Smith v. MorganCourt of Appeals of Georgia · 1966
  4. Banks County v. StarkCourt of Appeals of Georgia · 1953
  5. Boner v. SolteroCourt of Appeals of Georgia · 1964

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