Duncan v. Bradshaw
Decision Date | 18 September 1958 |
Docket Number | No. 37258,No. 2,37258,2 |
Parties | C. G. DUNCAN v. J. R. BRADSHAW |
Court | Georgia Court of Appeals |
Samuel L. Eplan, Atlanta, for plaintiff in error.
Carpenter, Karp & Mathews, A. Tate Conyers, Atlanta, for defendant in error.
Syllabus Opinion by the Court
The defendant has filed a motion to dismiss the writ of error in this court for the following reasons:
In support of the motion to dismiss the defendant cites and relies on Brown v. Marks Auto Sales, 93 Ga.App. 741, 92 S.E.2d 832, 834, wherein this court said: 'Accordingly, where, as here, a bill of exceptions is filed in which error is assigned * * * on the ruling sustaining a general demurrer to the answer and striking the same * * * the motion of the defendant in error to dismiss the bill of exceptions for lack of an assignment of error upon a final judgment in the case must be granted.' See also Miller v. Liberty National Bank & Trust Co., 68 Ga.App. 834, 24 S.E.2d 415, wherein this court said: In McCranie v. Shipp, 10 Ga.App. 544, 73 S.E. 701, this court said: 'There being in the bill of exceptions no exception to to any final judgment, but only an exception to a judgment striking the defendant's pleas, no question is presented which this court has jurisdiction to decide.' See also cases cited in Miller v. Liberty Nat. Bank & Trust Co., supra: Cheney v. Corbitt Motor-Truck Co., 36 Ga.App. 590, 137 S.E. 412, and Willis v. Daniel, 39 Ga.App. 670, 148 S.E. 301.
Under the authorities above cited, since the bill of exceptions assigns error only on the sustaining of the general demurrer to the plea of failure of consideration and...
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Ormewood Apartments, Inc. v. McDonough Const. Co. of Ga.
...rulings in the absence of an assignment of error on the final judgment and the writ of error must be dismissed. See, Duncan v. Bradshaw, 98 Ga.App. 178, 105 S.E.2d 385; Thompson v. Dove, 213 Ga. 819, 102 S.E.2d 43; Shaw v. Miller, 214 Ga. 225, 104 S.E.2d 128; Williams v. Kwik Shake Dispense......
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Williams v. Wellington, s. 40346
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