Bear's Den, Inc. v. State

Full title: BEAR'S DEN, INC. v. STATE OF GEORGIA

Court: Court of Appeals of Georgia

Date published: Jul 9, 1958

104 S.E.2d 555 (Ga. Ct. App. 1958)

104 S.E.2d 555

Opinion

37039.

DECIDED JULY 9, 1958.

Affidavit of illegality. Bibb Superior Court. Before Judge Anderson. December 9, 1957.

Bloch, Hall, Groover Hawkins, Denmark Groover, Jr., for plaintiff in error.

Eugene Cook, Attorney-General, Ben F. Johnson, Jr., Hugh Gibert, Deputy Assistant Attorneys-General, contra.

NICHOLS, Judge.

The judgment of this court ( Bear's Den, Inc. v. State of Georgia, 97 Ga. App. 288, 102 S.E.2d 915), reversing the judgment of the trial court sustaining the motion to dismiss the defendant's affidavit of illegality having been reversed by the Supreme Court of Georgia on certiorari ( Williams v. Bear's Den, Inc., 214 Ga. 240, 104 S.E.2d 230), the said judgment of this court is vacated and the judgment of the trial court is affirmed in accordance with the judgment of the Supreme Court.

Judgment affirmed. Felton, C. J., and Quillian, J., concur.

DECIDED JULY 9, 1958.