Johnson v. Cravey
| Decision Date | 12 August 1904 |
| Citation | 120 Ga. 1047,48 S.E. 424 |
| Parties | JOHNSON v. CRAVEY. |
| Court | Georgia Supreme Court |
RECEIVER — APPLICATION—DEMURRER TO PETITION—FAST WRIT OF ERROR.
1. While, on the interlocutory hearing of an application for a receivership, the judge may consider a demurrer to the petition as cause for refusing interlocutory relief, he has no jurisdiction in vacation before the appearance term to pass upon the demurrer as such; and a judgment, rendered at such time, sustaining the demurrer and dismissing the petition, is void. Stewart v. Stewart, 15 S. E. 23, 89 Ga. 138.
¶ 1. See Judges, vol. 29, Cent. Dig. § 112.
2. There is nothing in section 5540 of the Civil Code of 1895, or the acts amendatory thereof, to authorize a judgment sustaining a demurrer to a petition to be brought to this court by a fast writ of error, and exceptions so made cannot be considered. Id.
3. If the matter intended to be excepted to was the refusal to appoint a receiver, there was as to this no abuse of discretion.
(Syllabus by the Court.)
Error from Superior Court, Worth County; W. N. Spence, Judge.
Action by Wiley Johnson against Dave Cravey. Judgment for defendant, and plaintiff brings error. Affirmed.
B. B. White, Davis & Turner, Walter R. Daley, Aldine Chambers, and Wm. M. Smith, for plaintiff in error.
Park & Payton, for defendant in error.
SIMMONS, C. J. Judgment affirmed, without prejudice. All the Justices concurring.
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Richards v. Mciian
...dismiss in the nature of a demurrer, are not reviewable by fast writ of error. Among the later cases to this effect are Johnson v. Gravey, 120 Ga. 1047, 48 S. E. 424; Foster v. Case, 126 Ga. 714 (3), 55 S. E. 921; Town of Alapaha v. Paulk, 130 Ga. 595, 61 S. E. 401. "The general rule is tha......
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Richards v. McHan
... ... are not reviewable by fast writ of error. Among the later ... cases to this effect are Johnson v. Cravey, 120 Ga ... 1047, 48 S.E. 424; Foster v. Case, 126 Ga. 714 (3), ... 55 S.E. 921; Town of Alapaha v. Paulk, 130 Ga. 595, ... 61 S.E ... ...
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Durham v. Dowling
...a demurrer to the petition is not reviewable under this statute. Town of Alapaha v. Paulk, 130 Ga. 595, 61 S. E. 401; Johnson v. Cravey, 120 Ga. 1047, 48 S. E. 424; Gartrell v. McCravey, 144 Ga. 249 (3), 86 S. E. 932; Foster v. Case, 126 Ga. 714, 55 S. E. 921. The remedy for review of such ......
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Durham v. Dowling
... ... is not reviewable under this statute. Town of Alapaha v ... Paulk, 130 Ga. 595, 61 S.E. 401; Johnson v ... Cravey, 120 Ga. 1047, 48 S.E. 424; Gartrell v ... McCravey, 144 Ga. 249 (3), 86 S.E. 932; Foster v ... Case, 126 Ga. 714, 55 S.E. 921 ... ...