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127 Ga. App. 345

Murray v. Taylor

Court of Appeals of Georgia

Decided October 17, 1972

Court of Appeals of Georgia · decided 1972-10-17

Decided 1972-10-17

Stolz, Judge.

¶1In this wrongful death action by an executrix, the trial judge’s grant of the defendants’ motion for judgment on the pleadings based on the statute of limitation must be reversed, since the record in this unreported case does not contain the matters outside the pleadings which the trial judge considered in ruling on the motion, treated as one for a summary judgment, and the pleadings raise genuine issues of material fact.

¶2Judgment reversed.

Bell, C. J., and Evans, J., concur.Smith & Millikan, Harmon T. Smith, Jr., Gammon & Anderson, Joseph N. Anderson, for appellant.Gross, Stowe & Shepherd, Millard B. Shepherd, Jr., McClure, Ramsay & Struble, Robert B. Struble, for appellees.
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