Kennedy v. Rumble

• Decision Date: 18 June 1908
• Docket Number: 1,047.
• Parties: KENNEDY v. RUMBLE et al.
• Court: Georgia Court of Appeals

61 S.E. 839

4 Ga.App. 415

KENNEDY v. RUMBLE et al.

No. 1,047.

Court of Appeals of Georgia

June 18, 1908

Syllabus by the Court.

Where a case is submitted to the decision of the trial judge on the law and the facts, and the bill of exceptions sets out the evidence and the judgment, and assigns error as follows: "To which ruling and order the plaintiff excepted, and now excepts, and assigns the same as error"-the assignment of error, according to repeated rulings of the Supreme Court, is too general and presents no question for consideration. The assignment should have stated whether the judgment complained of was contrary to law or contrary to evidence, or contrary to both. Civ. Code 1895, § 5584; Carter v. Jackson, 115 Ga. 679, 42 S.E. 46; Kimball v. Williams, 108 Ga. 812, 33 S.E. 994; Wheeler v. Worley, 110 Ga. 513, 35 S.E. 639; Collins v. Carr, 111 Ga. 867, 36 S.E. 959, and cases cited.

Error from City Court of Forsyth; W. M. Clark, Judge.

Action between J. L. Kennedy and E. Rumble and others. From the judgment, Kennedy brings error. Writ of error dismissed.

O. T. Lester, C.J. Lester, and Persons & Persons, for plaintiff in error.

B. H. Maury and R. L. Williams, Jr., for defendants in error.

HILL, C.J.

Writ of error dismissed.