Montgomery v. Reynolds

• Decision Date: 21 February 1906
• Citation: 53 S.E. 512,124 Ga. 1053
• Parties: MONTGOMERY v. REYNOLDS et al.
• Court: Georgia Supreme Court

53 S.E. 512

124 Ga. 1053

MONTGOMERY v. REYNOLDS et al.

Supreme Court of Georgia

February 21, 1906

Syllabus by the Court.

A direct bill of exceptions to a ruling, made pendente lite, which does not assign error upon any final judgment will not be entertained by this court. Newberry v. Tenant, 49 S.E. 621, 121 Ga. 561; Kibben v. Coastwise Dredging Co., 48 S.E. 330, 120 Ga. 899; Harrell v. Tift, 70 Ga. 730; Trustees, etc., v. Merchants' & Planters' National Bank, 62 Ga. 284; Barge v. Robinson, 41 S.E. 258, 115 Ga. 41.

In so far as the case of Haskins v. Bank of the State of Georgia, 27 S.E. 985, 100 Ga. 216, and cases which follow it, are in conflict with the ruling here made, they have been practically overruled. Kibben v. Coastwise Dredging Co., 48 S.E. 330, 120 Ga. 899-901.

In the case of Newberry v. Tenant, 49 S.E. 621, 121 Ga. 561, it was held that "a statement in a bill of exceptions, that 'plaintiff excepts to said verdict and judgment as being contrary to law,' is not a valid assignment of error and will not be considered by this court. *** Accordingly, where the only attempt to assign error upon a final judgment was ineffective for the reason stated in the first headnote above, and every other assignment of error was in the form of a direct exception to a ruling made pendente lite, the writ of error must be dismissed." This judgment was rendered by a full bench, and is binding until reviewed and reversed, or modified. It is conclusive in the present case.

Error from City Court of Floyd County; Harper Hamilton, Judge.

Action between A. A. Montgomery and H. T. Reynolds and others. There was judgment for the latter, and the former brings error. Writ dismissed.

Henry Walker, for plaintiff in error.

R. T. Fouchi and M. B. Eubanks, for defendants in error.

LUMPKIN, J.

Writ of error dismissed. All the Justices concur.