Bacon v. Winter., 118 Ga. App. 358, 163 S.E.2d 890 (1968)
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Summary
Judgment affirmed. Bell, P. J., and Quillian, J., concur.
Summary
Judgment affirmed. Bell, P. J., and Quillian, J., concur.
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Oze R. Horton, for appellant.
The plaintiff sued the defendant in trover for a 1956 Great Dane produce van trailer. The defendant appeals from an adverse money judgment.
1. The action and the defensive pleadings were filed before the Civil Practice Act became effective. (Ga. L. 1966, p. 609, as amended by Ga. Laws 1967, pp. 226, 250). After the Act became effective the court decided not to hear the demurrers. The appellant's enumeration of error on this decision is without merit. Lloyd Industries v. O'Neal Steel,
2. The trial court did not err in overruling appellant's motion to quash the process and service. Civil Practice Act, supra, Code Ann. 81A-104 (b), 81A-108 (a); former Code 81-220. It does not appear that the process issued was not in accordance with law or with the prayer of the petition.
3. Prior to the Civil Practice Act, the mere commencement of any proceeding to enforce one remedial right was such a decisive act as to constitute a conclusive election of remedies which barred the subsequent prosecution of inconsistent remedial rights. Board of Educ. of Glynn County v. Day,
4. The remaining enumerations of error are insufficient under Rule 17 (c). Rules of the Court of Appeals,
Smith, Spears & Sears, Virgil H. Smith, for appellee.
1968
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