31 S.E.2d 727 | Ga. | 1944
1. "This court will in no case undertake to pass upon questions presented by a bill of exceptions, when it affirmatively appears that, even if the judgment of the court below were reversed, the plaintiff in error would derive no benefit from the adjudication." Davis v. Jasper,
2. Statements of fact in a motion to dismiss a case as moot, which are not directly denied by the opposite party, will be taken as true in passing on the motion. Henderson v. Hoppe,
3. The temporary restraining order, enjoining the defendants from executing a dispossessory warrant "until the further order of the court," having expired by its own limitations upon the sustaining of the general demurrer to the petition seeking to enjoin such proceeding (Powell *304
v. Parker,
4. The contention of the plaintiff in error that a reversal of the judgment by this court would confer a benefit upon him, since he would thereby be entitled to amend his petition and seek damages because of the alleged illegal trespass in dispossessing him, is without merit for the reason that an amendment seeking to recover on a cause of action not in existence at the time the original action was brought is not allowable. Wilson v. Missouri State Life Ins. Co.,
Writ of error dismissed. All the Justicesconcur.