Atlanta Life Ins. Co. v. Jackson
| Decision Date | 17 November 1925 |
| Docket Number | 16228. |
| Citation | 130 S.E. 378,34 Ga.App. 555 |
| Parties | ATLANTA LIFE INS. CO. v. JACKSON. |
| Court | Georgia Court of Appeals |
Syllabus by Editorial Staff.
Where there was no assignment of error in final bill of exceptions either on exceptions pendente lite or on rulings therein excepted to, no question is presented for decision under exceptions pendente lite.
Assignment of error on admission of evidence must show, not only in what respects evidence was objectionable, but that objection was urged at time of its admission.
It is not sufficient in motion for new trial to state that court erred in admitting evidence over timely objection, and then after setting out evidence, to allege that admission of evidence was error for specified reasons, where it is not further alleged that evidence was objected to for such reasons at time of its admission.
Plaintiff must recover on cause of action as laid in petition, and verdict for him is illegal, when evidence fails to support cause declared on, even though different cause of action may appear from testimony admitted without objection.
Evidence admitted without objection, which supports what is in fact the same cause of action, although it might have been excluded on objection, may authorize recovery, if, under facts, petition could, by amendment, have been so conformed to proof as to render testimony relevant.
Where evidence did not demand finding that policy sued on lapsed at death of insured, verdict for plaintiff for some amount was authorized.
Where amount of insurer's liability was substantially less than amount claimed in proofs of loss and sued for, verdict for attorney's fees and damages was unauthorized.
Error from Superior Court, Richmond County; A. L. Franklin, Judge.
Action by Geneva Jackson against the Atlanta Life Insurance Company. Judgment for plaintiff and defendant brings error. Affirmed on condition.
Sam F. Garlington, of Augusta, for plaintiff in error.
John J. Jones and Callaway & Howard, all of Augusta, for defendant in error.
Syllabus OPINION.
1. While the bill of exceptions alleges that certain exceptions pendente lite were duly tendered and certified, and describes them by stating the nature of the assignments made therein there is no assignment of error in the final bill of exceptions either upon the exceptions pendente lite or upon the rulings therein excepted to. No question, therefore, is presented for decision under the exceptions pendente lite. Alexander v. Chipstead, 152 Ga. 851 (1), 111 S.E. 552; House v. American Discount Co., 31 Ga.App. 396 (1), 120 S.E. 701.
2. An assignment of error upon the admission of evidence must show not only in what respects the evidence was objectionable, but that the objection was urged at the time of its admission. It is not sufficient in a ground of a motion for a new trial to state that the court erred in admitting certain evidence "over timely objection," and then, after setting out the evidence admitted, to allege that the admission of the evidence was error for...
To continue reading
Request your trial