Ellington v. Automobile Credit Sales Co.

• Decision Date: 12 April 1916
• Docket Number: 329.
• Citation: 88 S.E. 565,145 Ga. 53
• Parties: ELLINGTON ET AL. v. AUTOMOBILE CREDIT SALES CO.
• Court: Georgia Supreme Court

88 S.E. 565

145 Ga. 53

ELLINGTON ET AL. v. AUTOMOBILE CREDIT SALES CO.

No. 329.

Supreme Court of Georgia

April 12, 1916

Syllabus by the Court.

The Automobile Credit Sales Company commenced an action, by attachment for purchase money, against C. W. Ellington, J. S. Ellington, and V. L. Williams. The defendants filed an answer, which was amended. The plaintiff demurred to the answer as amended, and on the hearing the demurrer was sustained, and the plaintiff was allowed to proceed to verdict and judgment against the defendants. The defendants filed a direct bill of exceptions, in which error was assigned specifically on the judgment sustaining the demurrer to the answer; but there was no assignment of error upon the final judgment in the case. Held, that the writ of error must be dismissed. Lyndon v. Georgia Railway, etc., Co., 129 Ga. 353(3), 354, 58 S.E. 1047. See, also, Carpenter v. First National Bank, 13 Ga.App. 497, 79 S.E. 360.

Error from Superior Court, Cobb County; H. L. Patterson, Judge.

Action by the Automobile Credit Sales Company against C. W. Ellington and others. Judgment for plaintiff, and defendants bring error. Writ of error dismissed.

Gober & Jackson, of Atlanta, and H. B. Moss, of Marietta, for plaintiffs in error.

Moore & Branch, of Atlanta, and Herbert Clay, of Marietta, for defendant in error.

ATKINSON, J.

Writ of error dismissed.

All the Justices concur.