SOUTHERN RY. CO. v. TOWN OF TEMPLE

18153.

209 Ga. 722 (1953)

75 S.E.2d 554

SOUTHERN RAILWAY CO. v. TOWN OF TEMPLE et al.

Supreme Court of Georgia.

Decided April 14, 1953.


Attorney(s) appearing for the Case

Matthews, Maddox & Bell, for plaintiff in error.

Boykin & Boykin, Shirley C. Boykin and Marshall L. Allison, contra.


WYATT, Justice.

1. It is contended that the judgment of the court below sustaining the general demurrer and dismissing the petition without a hearing was error. Code (Ann. Supp.) § 81-1001 provides in part as follows: "The judge at any time in vacation after the appearance day of the case shall, upon request of counsel for either party, hear and decide all objections made to the sufficiency of the petition and pleas....

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