Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

ALMON v. R. H. MACY COMPANY, INC.

TOWNSEND, Presiding Judge.

1. A plea of lis pendens on the ground that there was pending at the commencement of the action another suit in another court between the same parties and on the same cause of action is a plea in abatement. Code § 3-607.

2. Except as specially provided by law, a judgment sustaining or overruling a plea in abatement is not a final judgment, and a writ of error based solely thereon is premature. City of Tallapoosa v. Brock, 143 Ga. 599 (2) ( 85 S.E. 755); Pattison v. Davis, 56 Ga. App. 801 (1) ( 194 S.E. 222); Cooper v. Vanhorn, 58 Ga. App. 446 ( 198 S.E. 794).

3. The amendment to Code § 6-701 (Ga. L. 1957, pp. 224, 230) especially provided for bills of exceptions in the additional cases relating to pleas to the jurisdiction, pleas of res judicata and general demurrers to caveats to the probate of a will. It did not broaden the general law as to a plea in abatement on the ground of another suit pending. Since this writ of error deals only with rulings on the plea, it is premature and must be

Dismissed. Carlisle, Frankum and Jordan, JJ., concur.

DECIDED MARCH 16, 1961.
Use AI to get other relevant cases.

Comments

ALMON v. R. H. MACY COMPANY, INC
(Mar 16, 1961)