BAILEY v. McCURRY

43229.

117 Ga. App. 100 (1968)

159 S.E.2d 425

BAILEY, Administratrix v. McCURRY.

Court of Appeals of Georgia.

Decided January 4, 1968.

Rehearing Denied January 17, 1968.


Attorney(s) appearing for the Case

Alston, Miller & Gaines, Kenneth W. Gilchrist, Ronald L. Reid, for appellant.

Allen & Baker, Verlyn C. Baker, James C. Abernathy, for appellee.


HALL, Judge.

1. The trial court's first ruling on the motion did not constitute the law of the case, since it was conditional. It specifically provided that the order was stayed for 15 days to allow the plaintiff to obtain additional affidavits, if she could, to rebut the defendant's motion and that, upon her failure to do so, then the order should be of full force and effect. The plaintiff having timely filed additional affidavits, the first order, by its terms,...

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