Beavers v. Williams
| Decision Date | 10 November 1943 |
| Docket Number | 14677. |
| Citation | 28 S.E.2d 254,197 Ga. 9 |
| Parties | BEAVERS v. WILLIAMS. |
| Court | Georgia Supreme Court |
Rehearing Denied Dec. 2, 1943.
Syllabus by the Court.
Where the sole assignment of error in a bill of exceptions is upon a judgment overruling a demurrer to an answer as amended, it not appearing that the case has been terminated in the trial court, the case will be held to have been brought to this court prematurely, and the writ of error will be dismissed.
C. C. Pittman, of Cartersville, and W. B. Robinson of Chatsworth, for plaintiff in error.
R Carter Pittman and S. R. Brooke, both of Dolton, for defendant in error.
This is the second appearance of this case in the Supreme Court. Mrs Hattie Beavers as guardian of Donald Pierce Wilbanks, an orphan four years of age, brought habeas corpus proceedings against Mrs. Victoria Williams, seeking custody of the child. The petitioner was a niece of the child's father, and the respondent was the maternal grandmother.
After hearing evidence the judge awarded custody to the respondent, and the guardian excepted. This court said: Beavers v. Williams, 194 Ga. 875, 23 S.E.2d 171, 172.
After return of the remittitur and before the judgment of the Supreme Court was made the judgment of the trial court, the respondent amended her answer, averring that the order appointing petitioner as guardian was void because of fraud perpetrated on the court. The sole exception is to an order overruling the guardian's demurrer to the respondent's answer as amended.
No cause shall be carried to the Supreme Court upon any bill of exceptions, so long as the same is pending in the court below, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause, or final as to some material party thereto. Code, § 6-701. The plaintiff who was seeking custody of a minor child, demurrer to the respondent's answer as amended, on the grounds: the original answer failed to constitute a defense, and there is nothing to amend by; not a...
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...843, 184 S.E. 698; Darden v. Roberts, 193 Ga. 637, 19 S.E.2d 270; Rivers v. Hollingsworth, 196 Ga. 708, 27 S.E.2d 330; Beavers v. Williams, 197 Ga. 9, 28 S.E.2d 254. Writ error dismissed. All the Justices concur. ...
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