Legal Opinion

Floyd v. Massachusetts Mills

Court of Appeals of Georgia

Decided July 19, 1920No. 11023PublishedCited by 9 opinions

Revival of judgment; from city court of Floyd county—■ Judge Nunnally. October 9,1919.

1Opinion of the CourtJenkins, P. J.

1. It is the duty of a reviewing court to raise the question of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction. Welborne v. State, 114 Ga. 793, 796 (40 S. E. 857); Tillman v. Groover, ante, 118 (102 S. E. 879).

2. Except in case of fast writs* appellate courts have no jurisdiction to consider a writ of error until after a final judgment in the court below, or unless a judgment such as the plaintiff in error contends should have been rendered instead of the one complained of would have been a final judgment. Park’s Code, § 6138. Therefore…

2Cases cited6 opinions

  1. Welborne v. StateSupreme Court of Georgia · 1902
  2. Tinsley v. Gullett Gin Co.Court of Appeals of Georgia · 1917
  3. Johnson v. BattleSupreme Court of Georgia · 1904
  4. Tillman v. GrooverCourt of Appeals of Georgia · 1920
  5. Carhart v. MackleCourt of Appeals of Georgia · 1918

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Sellers v. McNairCourt of Appeals of Georgia · 1931
  2. Milner v. Sunbeam Heating Co.Court of Appeals of Georgia · 1931
  3. Johnson v. First National BankCourt of Appeals of Georgia · 1934
  4. Seaboard Air Line Railway Co. v. SarmanCourt of Appeals of Georgia · 1927
  5. Bateman v. Gamble & Co.Court of Appeals of Georgia · 1927

4 more not listed; retrieve them via the Exa API.

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