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192 Ga. 483

15 S.E.2d 729

Dooly v. Gates

Supreme Court of Georgia

Decided June 16, 1941

Supreme Court of Georgia · decided 1941-06-16

Cited by 7 later decisions — most recently October 1944

7 state decisions

Relies on Bridges v. Poole · Morrow v. Wainwright · Rozetta v. Banks

Good law ✅— No negative treatment on recordhow we know

Decided 1941-06-16

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Reid, Chief Justice.

¶1 In the bill of exceptions error is assigned on the overruling of a demurrer to a petition for mandamus. It does not appear that mandamus absolute has been granted, and no error is assigned on such a judgment. We have several times ruled that a writ of error of this character is premature. Bridges v. Poole, 176 Ga. 500 (168 S. *484 E. 577); Board of Education of Miller County v. Sheffield, 177 Ga. 100 (169 S. E. 302); Ramsey v. Mingledorff, 183 Ga. 701 (189 S. E. 521). The writ of error is dismissed, with direction, that the plaintiff in error be allowed to file the copy of the bill of exceptions in the superior court, as exceptions pendente lite.

No. 13763. June 16, 1941. Rehearing denied Juey 9, 1941. Jesse M. Sellers, for plaintiffs in error. W. B. Robinson, contra.

¶2 Writ of error dismissed, with direction.

All the Justices concur.
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