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187 Ga. 628

Felker v. Malcolm

Supreme Court of Georgia

Decided February 23, 1939

Supreme Court of Georgia · decided 1939-02-23

Cited by 1 later decisions — most recently April 1943

1 state decisions

Relies on Haygood v. Stone · Earle v. Muse

Good law ✅— No negative treatment on recordhow we know

Decided 1939-02-23

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Bell, Justice.

¶1The briefs hied by the plaintiff in error contained statements indicating that this case was settled after rendition of the judgment complained of. In the circumstances, a rule nisi was issued by this court and notice given thereof by mail to the attorneys for each of the parties, calling upon them to inform the court as to whether the ease had been settled, and, if so, to show why it should not be dismissed as having become moot, the rule being made returnable February 6, 1939. The attorneys for each of the defendants in error having responded with statements showing that the case has been settled, and no response having been made by the plaintiff in error, it will be presumed that the statements made in behalf of the defendants in error are true. Treating them as true, the issues presented have become moot, and the writ of error should be dismissed. Haygood v. Stone, 164 Ga. 734 (139 S. E. 426); Earle v. Muse, 182 Ga. 492 (185 S. E. 799).

¶2Writ of error dismissed.

All the Justices concur.
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