Helmly v. Schultz

Full title: HELMLY v. SCHULTZ et al

Court: Supreme Court of Georgia

Date published: Jan 22, 1964

134 S.E.2d 810 (Ga. 1964)

134 S.E.2d 810

Opinion

22315.

SUBMITTED JANUARY 14, 1964.

DECIDED JANUARY 22, 1964.

Equitable petition. Chatham Superior Court. Before Judge McWhorter.

Aaron Kravitch, for plaintiff in error.

Stephens Gignilliat, contra.

CANDLER, Justice.

This is the second appearance of this litigation in the Supreme Court. When here before it was held, without direction or condition, that the trial court did not err in dismissing the petition on general demurrer. See Helmly v. Schultz, 219 Ga. 201 ( 131 S.E.2d 924). After that affirmance, but before the remittitur from this court was made the judgment of the trial court, the petitioner offered an amendment to his petition which was disallowed on the ground that the decision of this court terminated the case. The plaintiff excepted to this ruling. Held:

Under repeated rulings of this court the judgment excepted to is not erroneous. When the amendment was offered, there was nothing pending in the court to amend. See Redwine v. Frizzell, 185 Ga. 191 ( 194 S.E. 175); and Duvall v. Cox, 217 Ga. 488 ( 123 S.E.2d 546), and the cases there cited.

Judgment affirmed. All the Justices concur.

SUBMITTED JANUARY 14, 1964 — DECIDED JANUARY 22, 1964.