1. Home
  2. Browse Decisions
  3. Ga.
  4. 232 Ga.
  5. 232 Ga. 614 (1974)
 

OGDEN EQUIPMENT CO. v. TALMADGE FARMS, INC.

28790.

232 Ga. 614 (1974)

208 S.E.2d 459

OGDEN EQUIPMENT COMPANY v. TALMADGE FARMS, INC. et al.

Supreme Court of Georgia.

Decided September 3, 1974.

Attorney(s) appearing for the Case

Scheer & Elsner, Robert A. Elsner, for appellant.

Swift, Currie, McGhee & Hiers, Victor A. Cavanaugh, Lewis N. Jones, for appellees.

HALL, Justice.

The Court of Appeals has certified the question of whether a motion for summary judgment under Code Ann. § 81A-156 or a motion under Code Ann. § 81A-112 (b), which is treated as one for summary judgment, can be granted on matters in abatement.

"Rule 56 contemplates a judgment on the merits, and cannot be properly utilized to raise matter in abatement." 6 Moore's Federal Practice 2437, §...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases