Jones v. Chenowethholder Lumber Co

• Decision Date: 16 April 1930
• Docket Number: No. 7420.,7420.
• Citation: 170 Ga. 367,152 S.E. 899
• Court: Georgia Supreme Court
• Parties: BECK & JONES et al. v. CHENOWETHHOLDER LUMBER CO. et al.

170 Ga. 367

152 S.E. 899

BECK & JONES et al.

v.CHENOWETHHOLDER LUMBER CO. et al.

No. 7420.

Supreme Court of Georgia.

April 16, 1930.

Syllabus by Editorial Staff.

Error from Superior Court, Floyd County; James Maddox, Judge.

Action by E. W. Beck and others against the Chenoweth-Holder Lumber Company and others. Judgment for defendants, and plaintiffs bring error. On motion to dismiss bill of exceptions.

Writ of error dismissed.

Henderson Lanham and Harris & Harris, all of Rome, for plaintiffs in error.

Wright, Wright & Covington, and Lamar Camp, all of Rome, for defendants in error.

Syllabus Opinion by the Court.

HILL, J.

On the call of the case in this court the defendant in error moved to dismiss the bill of exceptions on the ground that the case arose originally by reason of separate actions brought by W. A. Dempsey, J. W. Elliott, and Beck & Jones, for the foreclosure of their three certain materialman's liens, and that said actions were consolidated into one action, and that thereafter a separate judgment was rendered by the court finding in favor of Beck & Jones in a certain amount, and finding against J. W. Elliott and W. A. Dempsey; that a joint motion for new trial was filed in said case by all of said three parties, and no separate motions for new trial were filed by the parties in the case; and, therefore, that the Supreme Court is without jurisdiction to entertain said bill of exceptions, in that there is no law or practice authorizing or conferring jurisdiction upon this court to entertain such a writ of error. Held, that this court is without jurisdiction to entertain such a bill of exceptions. There being no provision of law for such procedure, the writ of error must be dismissed. Futch v. Mathis, 148 Ga. 558, 97 S. E. 516; Western Assurance Co. v. Way, 98 Ga. 746, 27 S. E. 167; Brown v. L. & N. R. Co., 117 Ga. 222, 43 S. E. 498; Center v. Fickett Paper Co., 117 Ga. 222, 43 E. 498; Dickey v. State, 101 Ga. 572, 28 S. E. 980; Cutter v. Central Bank, 147 Ga. 754, 95 S. E. 285; Erwin v. Ennis, 104 Ga. 861, 31 S. E. 444; Bates v. Harris, 112 Ga. 32, 34, 37 S. E. 105; Wells v. Coker Banking Co., 113 Ga. 857, 39 S. E. 298; Purvis v. Ferst Sons & Co., 114 Ga. 689, 40 S. E. 723; Cole v. Stanley, 118 Ga. 259, 45 S. E. 282; Valdosta Guano Co. v. Hurt, 119 Ga. 909, 47 S. E. 212; Wall v. Mann, 163 Ga. 42, 135 S. E. 407.

Writ of error dismissed. All the Justices concur.