Legal Opinion
Pate v. Brock
Court of Appeals of Georgia
Decided April 2, 1957No. 36621PublishedCited by 3 opinions
1Opinion of the CourtGardner, P. J.
The court did not err in passing upon the demurrer to the petition prior to hearing and determining the plea to the jurisdiction. “Want of jurisdiction when it appears on the face of the petition, should be taken advantage of by demurrer.” Albany Coca-Cola Bottling Co. v. Shiver, 67 Ga. App. 359 (2) (20 S. E. 2d 181). “In all cases demurrer, pleas, and answer shall be disposed of in the order named.” Code (Ann.) § 81-1002. See Gamble v. Gamble, 204 Ga. 82, 89 (2) (48 S. E. 2d 540).
The court did not err in overruling Pate’s demurrer to the petition on the ground that the court did not have…
2Cases cited9 opinions
- Southern Railway Co. v. GrizzleSupreme Court of Georgia · 1906
- Turner v. CampSupreme Court of Georgia · 1900
- Gamble v. GambleSupreme Court of Georgia · 1948
- Wright v. MorrisCourt of Appeals of Georgia · 1934
- Albany Coca-Cola Bottling Co. v. ShiverCourt of Appeals of Georgia · 1942
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Home Finance Co. of Rome, Georgia, Inc. v. Bank of LafayetteCourt of Appeals of Georgia · 1959
- C. W. Matthews Contracting Co. v. BarnettCourt of Appeals of Georgia · 1996
- Home Finance Co. of Rome, Georgia, Inc. v. Bank of LafayetteCourt of Appeals of Georgia · 1959