Newberry v. Tenant
| Decision Date | 21 December 1904 |
| Citation | 121 Ga. 561,49 S.E. 621 |
| Court | Georgia Supreme Court |
| Parties | NEWBERRY v. TENANT. |
APPEAL—ASSIGNMENT OF ERROR—BILL OF EXCEPTIONS—DISMISSAL.
1. 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. Rodgers v. Black, 25 S. E. 20, 99 Ga. 142.
2. 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. Kibben v. Coastwise Dredging Co., 4S S. E. 330, 120 Ga. 899.
3. 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.
(Syllabus by the Court.)
Error from Superior Court, Early County; H. C. Sheffield, Judge.
Action between Elizabeth Newberry and C. J. Tenant. From the judgment, Newberry brings error. Dismissed.
W. C. Worrill, R. H. Sheffield, and Shepard Bryan, for plaintiff in error.
A G. Powell, for defendant in error.
CANDLER, J. Writ of error dismissed. All the Justices concur.
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... ... Inman, 60 Ga. 406(5); Fidelity & Deposit ... Co. v. Anderson, 102 Ga. 551, 28 S.E. 382; Rodgers v ... Black, 99 Ga. 142, 25 S.E. 20; Newberry v ... Tenant, 121 Ga. 561, 49 S.E. 621; Carmichael v ... Mobley, 50 Ga.App. 574, 178 S.E. 418, and cit. The ... instant exceptions are not ... ...
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...above a sufficient assignment of error upon a final judgment, as contemplated by the decision of the Supreme Court in Newberry v. Tenant, 121 Ga. 561, 49 S. E. 621, and cases therein cited? "(3) Where a petition is filed for the recovery of damages on account of personal injuries received b......