Raper v. Smith

Full title: RAPER v. SMITH

Court: Court of Appeals of Georgia

Date published: Nov 3, 1960

117 S.E.2d 261 (Ga. Ct. App. 1960)

117 S.E.2d 261

Opinion

38219.

DECIDED NOVEMBER 3, 1960.

Motion to vacate judgment, etc. Cobb Superior Court. Before Judge Manning. January 9, 1960.

Vernon W. Duncan, for plaintiff in error.

Raymond Reed, Robert K. Ballew, contra.

JORDAN, Judge.

The judgment of this court ( Raper v. Smith, 101 Ga. App. 557, 115 S.E.2d 234), affirming the trial court's overruling of the general demurrer of the defendant, having been reversed by the Supreme Court of Georgia on certiorari ( Raper v. Smith, 216 Ga. 326, 116 S.E.2d 554), the said judgment of this court is vacated and the judgment of the trial court overruling the general demurrer is reversed in accordance with the judgment of the Supreme Court.

Judgment reversed. Townsend, P. J., Carlisle and Frankum, JJ., concur.

DECIDED NOVEMBER 3, 1960.