Rheem Manufacturing Company v. Hutcheson

Full title: RHEEM MANUFACTURING COMPANY v. HUTCHESON et al

Court: Court of Appeals of Georgia

Date published: Jun 13, 1963

131 S.E.2d 863 (Ga. Ct. App. 1963)

108 Ga. App. 8

Opinion

40178.

DECIDED JUNE 13, 1963.

Appellate procedure. Fulton Civil Court. Before Judge Camp.

T. J. Long, Ben Weinberg, Jr., for plaintiff in error.

C. Henry Freas, Jr., Nall, Miller, Cadenhead Dennis, Wotton, Long Jones, contra.

EBERHARDT, Judge.

Hutcheson sued Rheem Manufacturing Company and Parker Heating Company. Rheem excepted to the overruling of its general demurrer. After the bill of exceptions was filed and certified, plaintiff materially amended his petition. Held:

Under the authority of Gillon v. Johns, 105 Ga. App. 599 ( 125 S.E.2d 70), the bill of exceptions must be dismissed, with costs assessed against the plaintiff below.

Writ of error dismissed. Felton, C. J., and Russell, J., concur.

DECIDED JUNE 13, 1963.