Southern Exchange Bank v. First National Bank
Southern Exchange Bank v. First National Bank of Dublin
Opinion of the Court
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Gilbert, J.
The question propounded, by the Court of Appeals consists of a copy of the petition in a ease, with the exception of the formal parts, including a contract attached to the petition as an exhibit, and concludes with the inquiry: “Under the facts and circumstances set forth in the petition, did the defendant national bank have the power to make the above-stated contract?” The only question raised in the case is whether the trial court erred in “sustaining the general demurrer of the defendant and dismissing the petition of plaintiff.” A proper ruling upon the assignment of error on that judgment depends solely upon a determination of the question, “did the defendant national bank have the power to make the above-stated contract?” To answer that question is to decide the entire ease which involves a mixed question of law and fact; and under repeated rulings of this court, “where a certified question of law does not propound a distinct issue of law, but in effect calls for a decision of the whole case, this court need not . . answer it.” No unmixed question of law beifag presented, we do not answer the question propounded. Lynch v. Southern Express Co., 146 Ga. 68 (4) ( 90 S. E. 527 ) ; Johnston v. Brenau College, 146 Ga. 182 (6) ( 91 S. E. 85 ) ; Louisville &c. R. Co. v. Hood, 149 Ga. 829 (2), 834 ( 102 S. E. 521 ) ; English v. Rosenkrantz, 150 Ga. 817 ( 105 S. E. 613 ); Washington &c. Co. v. Stanton, 157 Ga. 885 (2) ( 123 S. E. 612 ); Bull v. Carpenter, 158 Ga. 360 ( 123 S. E. 614 ).
All the Justices concur.
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(“[U]nder repeated rulings of this court, where a certified question of law does not propound a distinct issue of law, but in effect calls for a decision of the whole case, this court need not answer it.” (punctuation omitted))
Cited by 11 cases
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