INGLE v. RUBENSTEIN

41437.

112 Ga. App. 767 (1965)

146 S.E.2d 367

INGLE, Next Friend v. RUBENSTEIN et al.

Court of Appeals of Georgia.

Decided September 21, 1965.

Rehearing Denied November 16 And November 30, 1965.


Attorney(s) appearing for the Case

Miller & Kirbo, Bruce W. Kirbo, for plaintiff in error.

Jay M. Sawilowsky, Max Rubenstein, contra.


FRANKUM, Judge.

1. The second ground of the motion to dismiss is obviously without merit under the provisions of Code Ann. § 6-1301. It does not affirmatively appear that the delay was caused by any act or omission of counsel for plaintiff in error, and, therefore, this ground is without merit. Smith v. Barnett, 107 Ga.App. 849 (1) (132 S.E.2d 139).

The first ground...

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