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Pruitt v. Jones

Court of Appeals of Georgia
Oct 22, 1957
96 Ga. App. 545 (Ga. Ct. App. 1957)

Summary

In Jones, the complaint was required to be filed on Friday, November 27th, and the superior court clerk's office was closed on Thanksgiving Day, Thursday, November 26th, most of Friday, November 27th, and on the weekend, November 28th and 29th.

Summary of this case from In re Estate of Dasher

Opinion

36865.

DECIDED OCTOBER 22, 1957.

Appellate procedure. Before Judge Clinkscales. Gwinnett Superior Court. June 1, 1957.

Wyman C. Lowe, for plaintiff in error.

Joseph B. Kilbride, contra.


1. Where the trial court entered an order sustaining the demurrer and dismissing the action "on the ground that the action is barred by the statute of limitations" the order will be construed as not passing upon the other grounds of demurrer interposed ( Linder v. Whitehead, 116 Ga. 206 (2); 42 S.E. 358; Simpson v. Sanders, 130 Ga. 265, 271, 60 S.E. 541; Linam v. Anderson, 12 Ga. App. 735 (4), 78 S.E. 424); and therefore as tacitly overruling them. Consequently, where the court thereafter, without vacating the first ruling on the demurrers, undertook to "amend" the original order entered 30 days prior thereto by adding, in substance, a statement that all other grounds of the demurrer were overruled, assuming that the amendment was within the power of the court to enter, it was not a substantial change in the judgment such as would extend the time for tendering a bill of exceptions assigning error on the sustaining of the general demurrer. Sterrett v. Shoemaker, 47 App. D.C., 455; Sadler v. Sessions, 261 Ala. 323 (1) ( 74 So.2d 425); City of Newark v. Fischer, 3 N. J. 488 (2) ( 70 A.2d 733); George v. Bekins Van Storage Co., 83 Cal.App.2d 478 ( 189 P.2d 301).

2. In view of the facts set forth in the preceding headnote and under the rules of law enunciated therein, a bill of exceptions tendered more than 30 days after the entry of the first order, as therein related, was too late, and for this reason the writ of error must be

Dismissed. Gardner, P. J., and Townsend, J., concur.

DECIDED OCTOBER 22, 1957.


Summaries of

Pruitt v. Jones

Court of Appeals of Georgia
Oct 22, 1957
96 Ga. App. 545 (Ga. Ct. App. 1957)

In Jones, the complaint was required to be filed on Friday, November 27th, and the superior court clerk's office was closed on Thanksgiving Day, Thursday, November 26th, most of Friday, November 27th, and on the weekend, November 28th and 29th.

Summary of this case from In re Estate of Dasher
Case details for

Pruitt v. Jones

Case Details

Full title:PRUITT v. JONES et al

Court:Court of Appeals of Georgia

Date published: Oct 22, 1957

Citations

96 Ga. App. 545 (Ga. Ct. App. 1957)
100 S.E.2d 632

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