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Harrell v. Southern Railway Co.

Harrell v. Southern Railway Company

Harrell v. Southern Ry. Co., 79 S.E. 240 (Ga. Ct. App. 1913)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
September 9, 1913
Docket
No. 4967
Judges
Pottle
Citations
79 S.E. 24013 Ga. App. 4091913 Ga. App. LEXIS 177
Cited by 6
Summary
Action for damages; from city court of Eastman — Judge Neese. April 18, 1913. •

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Pottle

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Pottle, J.

Where a petition is demurred to both generally and specially, and some of the grounds of the special demurrer are sustained as to certain items of damage claimed in the petition, and the allegations in reference thereto ordered stricken, and the general demurrer is overruled, and the petition is left to be tried upon the allegations not stricken, a bill of exceptions sued out to the Court of Appeals, assigning error upon the sustaining of the special demurrer, is premature. The judgment complained of is not a final judgment, nor would it have been final if it had been rendered as claimed by the excepting party. Civil Code, § 6138; Hartman Stock Farm v. Henley, 4 Ga. App. 60 ( 60 S. E. 808 ); Neal-Blun Co. v. Zeigler, 11 Ga. App. 273 ( 75 S. E. 142 ). Writ of error dismissed.

Action for damages; from city court of Eastman — Judge Neese. April 18, 1913. • James F. Broach, O. J. Franlclin, for plaintiff. Eschol Graham, for defendant.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1918: 11941: 11942: 11953: 11960: 11964: 119182026peak 1918 · 1

Relies on it most ⓘ

  1. Carhart v. Mackle96 S.E. 591 (Ga. Ct. App. 1918)
  2. Boner v. Soltero139 S.E.2d 162 (Ga. Ct. App. 1964)
  3. Bagley v. Bagley20 S.E.2d 760 (Ga. 1942)
  4. Mayor and Council of Alamo v. Smith16 S.E.2d 762 (Ga. Ct. App. 1941)
  5. Rowe v. Johnson76 S.E.2d 429 (Ga. Ct. App. 1953)
  6. Upshaw v. O'BRYANT115 S.E.2d 591 (Ga. Ct. App. 1960)

Most recent

  1. Boner v. Soltero139 S.E.2d 162 (Ga. Ct. App. 1964)
  2. Upshaw v. O'BRYANT115 S.E.2d 591 (Ga. Ct. App. 1960)
  3. Rowe v. Johnson76 S.E.2d 429 (Ga. Ct. App. 1953)
  4. Bagley v. Bagley20 S.E.2d 760 (Ga. 1942)
  5. Mayor and Council of Alamo v. Smith16 S.E.2d 762 (Ga. Ct. App. 1941)
  6. Carhart v. Mackle96 S.E. 591 (Ga. Ct. App. 1918)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Neal-Blun Co. v. Zeigler, 75 S.E. 142 (Ga. Ct. App. 1912) 7
Hartman Stock Farm v. Henley, 60 S.E. 808 (Ga. Ct. App. 1908) 4

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