English v. Rosenkrantz
Decision Date | 16 December 1920 |
Docket Number | (No. 1901.) |
Citation | 150 Ga. 745,105 S.E. 292 |
Parties | ENGLISH et al. v. ROSENKRANTZ. |
Court | Georgia Supreme Court |
(Syllabus by the Court.)
[Ed. Note—For other definitions, see Words and Phrases, First and Second Series, Final Decree or Judgment.]
Certified Questions from Court of Appeals.
Suit by Rebie Rosenkrantz against J. W. English and others. Judgment overruling a plea of res judicata, and defendants brought error. On question certified by the Court of Appeals. Certified question answered in the negative.
Brewster, Howell & Heyman and Mark Bolding, all of Atlanta, for plaintiffs in error.
V. A. Batchelor, King & Spalding, and John A. Sibley, all of Atlanta, for defendant in error.
This case comes to the Supreme Court on questions certified by the Court of Appeals. Several questions are certified; but the jurisdiction of the Court of Appeals and of this court depends upon the answer to the second question, which is as follows:
Under the decision in the case of City of Tallapoosa v. Brock, 143 Ga. 599, 85 S. E. 755 a direct bill of exceptions will not lie to the judgment overruling the plea of res judicata to the suit. In that case, as in this, as disclosed by the original record of file in the office of the clerk of this court, the issue raised by the plea was, by agreement of counse...
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Peerless Laundry Co. v. Abraham
... ... City of Tallapoosa v. Brock, ... 143 Ga. 599, 85 S.E. 755; Western & Atlantic R. Co. v ... Williams, 146 Ga. 27, 90 S.E. 478; English v ... Rosenkrantz, 150 Ga. 745, 105 S.E. 292; Douglas v ... Hardin, 163 Ga. 643, 136 S.E. [193 Ga. 180] 793; ... Loveless v. McCollum, 189 Ga ... ...
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Hadden v. Fuqua
... ... rendered against him and in favor of the plaintiffs. As to ... the effect of a judgment sustaining a plea of res judicata, ... see English v. Rosenkrantz, 150 Ga. 745, 105 S.E ... 292; Peerless Laundry Co. v. Abraham, 193 Ga. 179, ... 17 S.E.2d 267. As to the proper practice after ... ...
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Milner v. Sunbeam Heating Co, 21292.
...(1), 141 S. E. 497; Willis v. Daniel, 39 Ga. App. 670, 148 S. E. 301; Battle v. Hambrick, 142 Ga. 807, 83 S. E. 937; English v. Rosenkrantz, 150 Ga. 745, 105 S. E. 292. 2. While the defendant in error has made no motion to dismiss the bill of exceptions, it is not only the right but the dut......
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Milner v. Sunbeam Heating Co.
...689 (1), 141 S.E. 497; Willis v. Daniel, 39 Ga.App. 670, 148 S.E. 301; Battle v. Hambrick, 142 Ga. 807, 83 S.E. 937; English v. Rosenkrantz, 150 Ga. 745, 105 S.E. 292. While the defendant in error has made no motion to dismiss the bill of exceptions, it is not only the right but the duty of......