Rossiter v. Pitt

Decided November 8, 1955

Court of Appeals of Georgia · decided 1955-11-08

Relies on 88 Ga. App. 131 - Aiken v. State Farm Mutual Automobile Ins. Co. · 91 Ga. App. 494 - Adams v. Ricks · 87 Ga. App. 270 - Cates v. Owens

Good law ✅— No negative treatment on recordhow we know

Decided 1955-11-08

How this case has been cited

Cited by 17 later decisions — most recently October 1989

17 state decisions

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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Townsend, J.

¶1A judgment sustaining any or all demurrers to a petition and allowing time for amendment is not subject to exception or review. Code § 81-1001 as amended (Ga. L. 1952, p. 243; Aiken v. State Farm Mut. Auto. Ins. Co., 88 Ga. App. 131 (76 S. E. 2d 141); Cates v. Owens, 87 Ga. App. 270 (73 S. E. 2d 345); Community Theatres Co. v. Burney, 87 Ga. App. 165 (73 S. E. 2d 104); Barron v. Foster, 87 Ga. App. 119 (73 S. E. 2d 102); Thornton v. Courvoisier, 90 Ga. App. 26 (81 S. E. 2d 842). The amendment of 1953 to Code § 81-1001 (Ga. L. 1953, p. 82), did not change this rule. Adams v. Ricks, 91 Ga. App. 494 (1b) (86 S. E. 2d 329). It follows that the writ of error to a judgment overruling general and special demurrers and allowing the plaintiff fifteen days for amendment is premature and must be

¶2Dismissed.

Gardner, P. J., and Carlisle, J., concur.