Carter v. Butler

Full title: CARTER et al. v. BUTLER

Court: Court of Appeals of Georgia

Date published: Jan 25, 1945

33 S.E.2d 272 (Ga. Ct. App. 1945)

33 S.E.2d 272

Opinion

30463.

DECIDED JANUARY 25, 1945. REHEARING DENIED MARCH 8, 1945.

Complaint; from Fulton civil court — Judge McClelland. January 29, 1945. (Application to Supreme Court for certiorari.)

Richard T. Nesbitt, for plaintiffs in error.

W. S. Northcutt, contra.

Douglas B. Maggs, Archibald Cox, Bessie Margolin, George A. Downing, James H. Shelton, Thomas T. Purdom, as amici curiae.

PARKER, J.

1. This court in a judgment entered in this case ( Carter v. Butler, 71 Ga. App. 492, 31 S.E.2d 210), reversed the judgment of the civil court of Fulton County, and the Supreme Court on certiorari having reversed the judgment of this court ( Butler v. Carter, 198 Ga. 754, 32 S.E.2d 808), the judgment of reversal originally rendered by this court is vacated.

2. The assignments of error other than those ruled on and discussed in the original opinion and decision, and in the opinion and decision of the Supreme Court, are not such as to require a reversal of the judgment of the trial court.

Judgment affirmed. Sutton, P. J., and Felton, J., concur.

DECIDED JANUARY 25, 1945. REHEARING DENIED MARCH 8, 1945.