Hodges v. Seabd. Loan & Sav. Ass'n Inc

• Decision Date: 12 July 1939
• Docket Number: No. 27336.,27336.
• Citation: 3 S.E.2d 843
• Parties: HODGES . v. SEABOARD LOAN & SAVINGS ASS'N, Inc.
• Court: Georgia Court of Appeals

3 S.E.2d 843

HODGES .

v.SEABOARD LOAN & SAVINGS ASS'N, Inc.

No. 27336.

Court of Appeals of Georgia, Division No. 2.

July 12, 1939

.

Syllabus by the Court.

1. An assignment of error on the direction of a verdict, that the ruling directing the verdict was "contrary to the law, contrary to the evidence, and contrary to the State and Federal Constitutions, " is insufficient as an assignment of error on the direction of a verdict, and presents no question for the appellate court's consideration. See answer to certified question by Supreme Court in Hodges v. Seaboard Loan & Savings Association, Inc., Ga.Sup, 3 S.E.2d 677.

2. An assignment of error on the direction of a verdict that the ruling directing the verdict was "contrary to the law, contrary to the evidence, and contrary to the State and Federal Constitutions, naming the provisions of the constitutions, on the ground that certain designated facts appeared from the evidence on the trial and the pleadings, and on "all the grounds already urged before the court verbally in the absence of the court reporter, and the argument, and also all of the grounds urged during the course of the trial, " is insufficient and presents nothing for consideration by this court.

Error from Superior Court, Fulton County; Virlyn B. Moore, Judge.

Personal injury action by Mrs. J. H. Hodges against the Seaboard Loan & Savings Association, Incorporated, and another. To review a judgment entered upon directed verdict for the named defendant, plaintiff brings error.

Writ of error dismissed.

Conforming to answers to certified questions in 3 S.E.2d 677.

G. Seals Aiken, of Atlanta, for plaintiff in error.

John M. Slaton and J. J. Slaton, both of Atlanta, for defendant in error.

STEPHENS, Presiding Judge.

Mrs. J. H. Hodges brought suit against Seaboard Loan & Savings Association, Inc., and G. F. Langran to recover damages for personal injuries alleged to have been received by her as the result of the alleged negligence of the defendants in the operation of an automobile along a public highway of this State by G. F. Langran who was driving it as the agent or servant of Seaboard Loan & Savings Association, Inc. After the introduction of evidence on the trial of the case against both defendants, on motion of the defendant, Seaboard Loan & Savings Association, Inc., the court directed a verdict for this defendant. The case proceeded to trial, and a verdict was found for the plaintiff against the other defendant, G. F. Langran. The plaintiff, by direct bill of exceptions, excepted to the direction of a verdict in favor of Seaboard Loan & Savings Association, Inc.

In the bill of exceptions the plaintiff assigns error on the direction of the verdict as follows: "To the said ruling directing a verdict for the defendant, Seaboard Loan & Savings Association, Inc., the plaintiff excepted, now excepts, and assigns the same as error as being contrary to the law, contrary to the evidence and contrary to the State and Federal Constitutions. Plaintiff's counsel expressly noted and urged the following exceptions at said time, in addition to others: T would like to note exceptions to your Honor's ruling on the following grounds: All the grounds already urged before the Court verbally in the absence of the court reporter, and the argument, and also all of the grounds urged during the course of the trial. I insist in this particular case we have proved that G. F. Langran was employed by Seaboard Loan and Savings Associa tion, Inc., on March 28, 1937, C. Y. Mc-Collum, vice-president and manager testified so, McFadden, his employee, testified so; Dr. J. H. Hodges testified so. We have introduced in evidence a certificate (exhibit "A") from the Secretary of State, showing that the automobile in question was owned at the time and place by Seaboard Loan & Savings Association Inc. That the application itself was even witnessed by G. F. Langran as notary public, and signed C. Y. McCollum, vice-president and manager of the company. The pleadings show that the man, G. F. Langran, is represented by John M. Slaton and J. J. Slaton, attorneys for Seaboard Loan & Savings Association, Inc., and therefore subject to their custody and control. They have not produced G. F. Langran in court, and have submitted no testimony whatever to explain what he was doing, and where he was going; and the burden of proof under the law is upon the defendant to show that G. F....