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212 Ga. 295

92 S.E.2d 7

Jacoby v. Jacoby

Supreme Court of Georgia

Decided March 12, 1956

Supreme Court of Georgia · decided 1956-03-12

Relies on Myers v. Grant · 91 Ga. App. 494 - Adams v. Ricks · 92 Ga. App. 2 - Norton v. Hamilton

Good law ✅— No negative treatment on recordhow we know

Decided 1956-03-12

How this case has been cited

Cited by 18 later decisions — most recently October 2022

18 state decisions

7019561960197019801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Head, Justice.

¶1 In the present case the trial court overruled the defendant’s general demurrer and certain grounds of his special demurrers and sustained one ground of special demurrer. The court allowed the plaintiff fifteen days to amend, and within this period the plaintiff filed an amendment. After the expiration of the time for amendment no further adjudication was made by the court as to the sufficiency of the petition. The defendant in a direct bill of exceptions excepts to the judgment overruling his general grounds of demurrer. Held:

¶2 “Where the court sustains any or all demurrers to pleading, and allows time for the filing of an amendment, such judgment or order shall not be subject to exception or review, but the court shall render a judgment on the sufficiency of the pleadings after the expiration of the time allowed for amendment which shall supersede the judgment allowing time for amendment.” Ga. L. 1952, p. 243 (Code, Ann. Supp., § 81-1001). The trial court having rendered no judgment on the sufficiency of the pleadings after the expiration of the time allowed for amendment, and after the amendment filed by the plaintiff, the ruling on the demurrers here excepted to can not be reviewed in this court. Myers v. Grant, 212 Ga. 182 (91 S. E. 2d 335); Adams v. Ricks, 91 Ga. App. 494, 498 (86 S. E. 2d 329); Norton v. Hamilton, 92 Ga. App. 2 (87 S. E. 2d 442).

¶3 Writ of error dismissed.

All the Justices concur, except Wyatt, P. J., not participating.
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