Personal Credit Corp. v. Goldwire
| Decision Date | 02 May 1953 |
| Docket Number | No. 34511,No. 1,34511,1 |
| Parties | PERSONAL CREDIT CORP. v. GOLDWIRE |
| Court | Georgia Court of Appeals |
Sullivan & Maner, Savannah, for plaintiff in error.
Dickey & Futrell and Dennis Pierce, Savannah, for defendant in error.
Syllabus Opinion by the Court.
This court will take notice of its own lack of jurisdiction and, where such lack appears, will dismiss the writ of error even without a motion to that effect by the defendant in error. Thurmond v. State, 59 Ga.App. 333(2), 200 S.E. 807; Stepp v. North Georgia Feed & Fertilizer Co., 78 Ga.App. 240(3), 50 S.E.2d 377. Accordingly, where the sole assignment of error in the bill of exceptions before this court is to the action of the trial court in overruling the plaintiff's demurrer to the answer, it not appearing that there has been a final judgment in the case, the bill of exceptions is premature, this court is without jurisdiction to entertain the writ of error, and it must be dismissed. Code, § 6-701; American Agricultural Chemical Co. v. Bank of Madison, 34 Ga.App. 62, 128 S.E. 208; Brogan v. Bridges, 34 Ga.App. 306, 129 S.E. 289; Reagin v. Stroud, 51 Ga.App. 405(2), 180 S.E. 763; Gregory v. Headrick, 181 Ga. 5, 181 S.E. 169; Rivers v. Hollingsworth, 196 Ga. 708, 27 S.E.2d 330; Beavers v. Williams, 197 Ga. 9, 28 S.E.2d 254. The foregoing ruling is not affected by the fact that the answer may be in the nature of a cross-action or contain elements of a counterclaim. Dardon v. Roberts, 193 Ga. 637, 638(1), 19 S.E.2d 270; Carver v. Bone, 73 Ga.App. 550, 37 S.E.2d 371.
Writ of error dismissed.
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...an order striking an answer or plea was not a final judgment. Darden v. Roberts, 196 Ga. 637, 19 S.E.2d 270; Personal Credit Corp. v. Goldwire, 88 Ga.App. 125, 76 S.E.2d 129. A ruling on an attempt to reinstate or reinstitute a protest would have no higher standing. From the foregoing it is......
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...lack appears, will dismiss the writ of error even without a motion to that effect by the defendant in error.' Personal Credit Corp. v. Goldwire, 88 Ga.App. 125, 76 S.E.2d 129. This is our duty. Stephenson v. Futch, 213 Ga. 247, 248, 98 S.E.2d 374; Lowe v. Payne, 130 Ga.App. 337, 203 S.E.2d ......
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...jurisdiction. Therefore, even though no motion to dismiss has been made, the writ of error must be dismissed. Personal Credit Corporation v. Goldwire, 88 Ga.App. 125, 76 S.E.2d 129. Writ of error GARDNER, P. J., and TOWNSEND, J., concur. On Motion for Rehearing In a motion for rehearing, co......