Clark v. Ganson
| Decision Date | 13 January 1916 |
| Docket Number | (No. 187.) |
| Citation | 141 Ga. 544,87 S.E. 670 |
| Parties | CLARK. v. GANSON. |
| Court | Georgia Supreme Court |
(Syllabus by the Court.)
Error from Superior Court, Fulton County; Geo. L Bell, Judge.
Action by Fannie Ganson against I. C. Clark. Judgment for plaintiff, and defendant brings error. Reversed.
Holbrook & Corbett, of Atlanta, for plaintiff in error.
J. A. Drake and Lamar Hill, both of Atlanta, for defendant in error.
HILL, J. Judgment reversed. All the Justices concur, except FISH, C. J., absent, on account of sickness, and
ATKINSON, J. (dissenting). In view of the language: —contained in the order sustaining the demurrer, the filing as an amendment to the petition of a paper setting out the plaintiff's chain of title was sufficient to retain the case in court and authorize the judge to consider the paper as an amendment. The order involved in the case of Johnson v. Vassar, supra, was substantially different from that involved in the present case.
To continue reading
Request your trial
-
Atl. Ref. Co v. Peerson, (Nos. 14414, 14519.)
...amendment had been filed within four days to meet defendant's demurrer, the case would have automatically been dismissed. Clark v. Ganson, 144 Ga. 544 (1), 87 S. E. 670. If an amendment had been filed within four days, but not allowed, the petition would have stood dismissed. Johnson v. Vas......
-
Ga. Ry. & Power Co v. Thompson
...271, 277, 46 S.E. 100), or that upon such failure "the case stands dismissed" (Blyth v. White, 178 Ga. 488, 173 S.E. 421; Clark v. Ganson, 144 Ga. 544, 87 S. E. 670; O'Hara v. Rutherford, 62 Ga.App. 866, 10 S.E.2d 200), nor was any other penalty of like import provided in the judgment. The ......
-
Smith v. Atlanta Gas-light Co
...petition was dismissed at the expiration of twenty days. The failure to amend left no part of the case pending in court. Clark v. Ganson, 144 Ga. 544, 87 S.E. 670; Speer v. Alexander, 149 Ga. 765, 102 S.E. 150; Georgia Railway & Power Co. v. Kelly, 150 Ga. 698, 105 S.E. 300; Blyth v. White,......
- Rhodes v. Jernigan, (No. 3667.)