From Casetext: Smarter Legal Research

Goldberg v. Monroe

Supreme Court of Georgia
Oct 10, 1968
164 S.E.2d 123 (Ga. 1968)

Opinion

24850.

SUBMITTED SEPTEMBER 12, 1968.

DECIDED OCTOBER 10, 1968.

Appellate procedure. Chatham Superior Court. Before Judge McWhorter.

John R. Calhoun, for appellants.

Joseph B. Bergen, for appellees.


Where, as here, the judgment appealed from is one overruling general and special demurrers to a petition for specific performance, injunctive and other relief, and the lower court did not certify within 10 days of the order that "it is of such importance to the case that immediate review should be had," the appeal is premature, and we have no alternative but to dismiss it. Code Ann. § 6-701 (Ga. L. 1965, p. 18; as amended, Ga. L. 1968, pp. 1072, 1073).

Appeal dismissed. All the Justices concur.

SUBMITTED SEPTEMBER 12, 1968 — DECIDED OCTOBER 10, 1968.


Summaries of

Goldberg v. Monroe

Supreme Court of Georgia
Oct 10, 1968
164 S.E.2d 123 (Ga. 1968)
Case details for

Goldberg v. Monroe

Case Details

Full title:GOLDBERG et al. v. MONROE et al

Court:Supreme Court of Georgia

Date published: Oct 10, 1968

Citations

164 S.E.2d 123 (Ga. 1968)
224 Ga. 693

Citing Cases

Petty v. State

There is no certificate in the record. Goldberg v. Monroe, 224 Ga. 693 ( 164 S.E.2d 123). Had the appeal been…

Osborne v. Welch

FELTON, Chief Judge. In the absence of a certificate for immediate review ( Code Ann. § 6-701 (2); Ga. L.…