Legal Opinion
Royal Insurance v. Oliver
Court of Appeals of Georgia
Decided January 7, 1935No. 24080PublishedCited by 5 opinions
1Opinion of the CourtJenkins, P. J.
1. The refusal of the trial court to determine an oral motion to dismiss a petition, being “in its effect, so far as the defendant is concerned, the same as if the . . motion to dismiss had been overruled” (Waldrop v. Wolff, 114 Ga. 610 (3), 613, 40 S. E. 830), may be made the basis of a direct bill of exceptions under the Civil Code (1910), § 6138.
2. Such an oral motion to dismiss may be made at the trial term at any time before verdict, but is ineffectual unless the pleading is fatally defective. Minnesota Lumber Co. v. Hobbs, 122 Ga. 20 (49 S. E. 783) ; Cooney v. Sweat, 133 Ga. 511 (66 S.…
2Cases cited6 opinions
- Waldrop v. WolffSupreme Court of Georgia · 1902
- Elbert County v. BrownCourt of Appeals of Georgia · 1915
- Cooney, Eckstein & Co. v. SweatSupreme Court of Georgia · 1909
- Minnesota Lumber Co. v. Hobbs & LivingstonSupreme Court of Georgia · 1905
- Dodson v. Southern Railway Co.Supreme Court of Georgia · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Holcombe v. JonesSupreme Court of Georgia · 1944
- Meads v. WilliamsCourt of Appeals of Georgia · 1937
- Gaulding v. CourtsCourt of Appeals of Georgia · 1954
- Altman v. MosesCourt of Appeals of Georgia · 1946
- Lunsford v. WilsonCourt of Appeals of Georgia · 1966