Ledbetter v. Savannah Brewing Co

• Decision Date: 20 September 1910
• Docket Number: (No. 2,475.)
• Citation: 8 Ga.App. 282,68 S.E. 950
• Parties: LEDBETTER v. SAVANNAH BREWING CO.
• Court: Georgia Court of Appeals

68 S.E. 950

8 Ga.App. 282

LEDBETTER

v.SAVANNAH BREWING CO.

(No. 2, 475.)

Court of Appeals of Georgia.

Sept. 20, 1910.

(Syllabus by the Court.)

1. Appeal and Error (§ 544^*)—Necessity for Bill of Exceptions.

This court cannot review the action of the lower court in rejecting a tendered amendment, when it is not incorporated in a bill of exceptions, or attached as an exhibit thereto, or otherwise made a part thereof. The rejected amendment is no part of the record, and cannot be so specified (unless incorporated in exceptions pendente lite); and the formality of having filed it with the clerk of the court before the order of court disallowing it does not make it a part of the record. Schaeffer y. Central of G. Ry. Co., 6 Ga. App. 282, 64 S. E. 1107, and cases cited.

[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. § 2412; Dec. Dig. § 544.*]

2. Landlord and Tenant (§ 169*)—Injuries from Defects in Premises — Petition — Sufficiency.

Where the allegations of a petition, in an action against the lessee of premises brought to recover for damages caused by an excavation alleged to be on the leased premises, expressly negative the creation of the same by the defendant, and do not show affirmatively or by fair inference that the defendant was connected in any manner with the excavation, either in the use or the maintenance thereof, the petition was properly dismissed on demurrer.

[Ed. Note.—For other cases, see Landlord and Tenant, Cent. Dig. § 644; Dec. Dig. § 169.*]

Error from City Court of Savannah; Davis Freeman, Judge.

Action between D. N. Ledbetter and the Savannah Brewing Company. From the judgment, Ledbetter brings error. Affirmed.

Twiggs & Gazan, for plaintiff in error.

Anderson & Cann, for defendant in error.

HILL, C. J. Judgment affirmed.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes