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Baker v. City of Atlanta

Baker v. City of Atlanta, 96 S.E. 332 (Ga. Ct. App. 1918)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
July 10, 1918
Docket
No. 9330
Judges
Beoyles
Citations
96 S.E. 33222 Ga. App. 4831918 Ga. App. LEXIS 563
Cited by 16
Summary
Action for damages; from Fulton superior court—Judge Pen-' dleton. October 16, 1917:

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

Opinion of the Court — Beoyles

Text extracted by OCR from a scanned original; check the original for exact wording.

Beoyles, P. J.

The court overruled the general ground of the demurrer to the petition, but sustained all of the special grounds of the demurrer', and allowed the plaintiff ten days within which to amend his petition to meet these special grounds. To this ruling no exception was taken, nor is error assigned thereon in the bill of exceptions. Therefore the ruling that the petition was subject to these special demurrers became the law of the ease. The plaintiff, within the ten days allowed, filed a purported amendment to his petition. This amendment, however, was in all substantial respects merely a reiteration of the various allegations contained-in the original petition, and clearly failed to meet the objections raised by the special grounds of the demurrer. No further amendment was offered in the ten days allowed in the court’s order. Under these facts the court did not err in dismissing the plaintiff’s ease. Hinson v. Mutual Fertilizer Co., 19 Ga. App. 121 ( 91 S. E. 241 ).

Judgment affirmed.

Bloodworfh and Harwell, JJ., concur.

How later courts describe this case

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

Cited by 16 cases

View all citing references →
1919: 21920: 11926: 11929: 11933: 11934: 11948: 11949: 11950: 21954: 11960: 11964: 11966: 11967: 119192026peak 1919 · 2

Relies on it most ⓘ

  1. Smith v. Bugg133 S.E. 49 (Ga. Ct. App. 1926)
  2. Fletcher v. Williams151 S.E.2d 528 (Ga. Ct. App. 1966)
  3. Thomas v. Georgia Railway & Power Co.98 S.E. 360 (Ga. Ct. App. 1919)
  4. Watson v. Atlanta Gas Light Co.167 S.E. 718 (Ga. Ct. App. 1933)
  5. Cromer v. Dinkler60 S.E.2d 482 (Ga. Ct. App. 1950)
  6. Bradshaw v. Crawford49 S.E.2d 169 (Ga. Ct. App. 1948)

Most recent

  1. Sharpton v. Great Atlantic & Pacific Tea Co.154 S.E.2d 780 (Ga. Ct. App. 1967)
  2. Fletcher v. Williams151 S.E.2d 528 (Ga. Ct. App. 1966)
  3. Strickland v. Hall137 S.E.2d 520 (Ga. Ct. App. 1964)
  4. Haney v. Brownlee116 S.E.2d 347 (Ga. Ct. App. 1960)
  5. Worsham v. Palmer83 S.E.2d 185 (Ga. Ct. App. 1954)
  6. Cromer v. Dinkler60 S.E.2d 482 (Ga. Ct. App. 1950)

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 1

DepthCaseCited by
Hinson v. Mut. Fertilizer Co., 91 S.E. 241 (Ga. Ct. App. 1917) 10

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