Godwin v. Hudson, 36187

Decision Date11 May 1956
Docket NumberNo. 2,No. 36187,36187,2
Citation93 Ga.App. 858,93 S.E.2d 379
PartiesLamon GODWIN v. W. L. HUDSON
CourtGeorgia Court of Appeals

Joe Salem, Atlanta, for plaintiff in error.

G. Ernest Tidwell, Claude R. Ross, Atlanta, for defendant in error.

Syllabus Opinion by the Court.

CARLISLE, Judge.

1. 'Where, in ruling upon demurrers, the trial court allows time for the filing of an amendment, such court shall render a judgment on the sufficiency of the pleadings after the expiration of the time allowed for amendment which shall supersede the earlier judgment on the demurrers, and such earlier judgment or judgments shall not be subject to exception or review.' Weinstein v. Rothberg, 87 Ga.App. 94(1), 73 S.E.2d 106, 107; Sellers v. City of Summerville, 88 Ga.App. 109, 76 S.E.2d 99; Aiken v. State Farm Mutual Automobile Ins. Co., 88 Ga.App. 131, 76 S.E.2d 141. And, where the sole assignment of error contained in a bill of exceptions in this court is upon a judgment upon demurrers in which time was allowed for amendment, the writ of error must be

Dismissed.

GARDNER, P. J., and TOWNSEND, J., concur.

To continue reading

Request your trial
9 cases
  • Blackstock v. Fisher
    • United States
    • Georgia Court of Appeals
    • February 12, 1957
    ...Summerville, 88 Ga.App. 109, 76 S.E.2d 99; Aiken v. State Farm Mutual, etc., Ins. Co., 88 Ga.App. 131, 76 S.E.2d 141.' Godwin v. Hudson, 93 Ga.App. 858, 93 S.E.2d 379. 2. Properly construed, the two petitions as finally amended stated a cause of action for slander, and the trial court erred......
  • Pappadea v. Clifton
    • United States
    • Georgia Court of Appeals
    • June 21, 1957
    ...Automobile Ins. Co., 88 Ga.App. 131, 76 S.E.2d 141; Pfeifer v. Yellow Cab Co. of Atlanta, 88 Ga.App. 227, 76 S.E.2d 229; Godwin v. Hudson, 93 Ga.App. 858, 93 S.E.2d 379.' Butler v. Jackson, 94 Ga.App. 632, 95 S.E.2d 761, 'A servant is bound to exercise ordinary care and skill in protecting ......
  • Rochester Capital Leasing Corp. v. Christian, 40731
    • United States
    • Georgia Court of Appeals
    • May 18, 1964
    ...Shirley Cloak & Dress Co. v. Arnold, 92 Ga.App. 885, 889, 90 S.E.2d 622; Rossiter v. Pitt, 93 Ga.App. 44, 90 S.E.2d 597; Godwin v. Hudson, 93 Ga.App. 858, 93 S.E.2d 379; Butler v. Jackson, 94 Ga.App. 632, 95 S.E.2d 761; Blackstock v. Fisher, 95 Ga.App. 117, 97 S.E.2d 322; Atlanta Newspapers......
  • Queen v. Craven
    • United States
    • Georgia Court of Appeals
    • February 20, 1957
    ...court is upon the judgment upon demurrers in which time was allowed for amendment, the writ of error must be dismissed, Godwin v. Hudson, 93 Ga.App. 858, 93 S.E.2d 379, and citations; where, as here, the bill of exceptions contains an assignment of error on the superseding judgment as to th......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT