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124 Ga. App. 464

184 S.E.2d 230

Patterson v. McFarland

Court of Appeals of Georgia

Decided September 21, 1971

Court of Appeals of Georgia · decided 1971-09-21

Cited by 2 later decisions — most recently October 1985

2 state decisions

Relies on King v. Fitzgerald, Ocilla & Broxton Railroad · Commercial City Bank v. Sullivan · Gresham v. Lyon

Good law ✅— No negative treatment on recordhow we know

Decided 1971-09-21

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Pannell, Judge.

¶1 The judgment upon which this appeal is based is as follows: "By consent of counsel for both parties, the orders and judgments of the court of ordinary entered on the 9th day of November, 1970, are hereby sustained, and the appeal of the appellant (plaintiff) is hereby overruled and dismissed. Judgment is entered against the appellant (plaintiff) and her surety in the sum of $81.50 as court costs. This 24th day of May, 1971. /si Sam P. Burtz, Judge Superior Court, B. R. C.” All of the enumerations of error pertain to this judgment.

¶2 An appeal does not lie from a judgment rendered by the consent of the appellant. Portsmouth Cotton Oil Refining Corp. v. Cumming Oil &c. Co., 145 Ga. 159 (88 SE 940); King v. Fitzgerald &c. R. Co., 145 Ga. 164 (88 SE 929); Gresham v. Lyon, 9 Ga. App. 667 (72 SE 66). Consensus tollit errorem. Commercial City Bank v. Sullivan, 18 Ga. App. 608 (5) (90 SE 173).

¶3 Appeal dismissed.

Bell, C. J., and Deen, J., concur.
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