Pratt v. Gibson
96 Ga. 807 | Ga. | 1895
A judgment sustaining a demurrer to the declaration and dismissing the cause unless the plaintiff by the first day of the next term shall file and serve a certain amendment, operates as a final judgment of dismissal, with the right on the part of the plaintiff, by complying with the condition imposed, to .bring about a reinstatement of his case. In such a case, after the time had elapsed .within which, under the order, the plaintiff could by his own act bring about a reinstatement, the condition not having been complied with, the court lost jurisdiction of the case, and had no authority to proceed further therein. Judgment reversed.