Newman v. Day

• Decision Date: 01 August 1899
• Citation: 34 S.E. 167,108 Ga. 813
• Parties: NEWMAN v. DAY et al.
• Court: Georgia Supreme Court

34 S.E. 167

108 Ga. 813

NEWMAN v. DAY et al.

Supreme Court of Georgia

August 1, 1899

Syllabus by the Court.

1. Where a motion for a new trial was heard on May 2, 1898, and overruled on August 13, 1898, it was too late, in a bill of exceptions tendered on September 1, 1898, to assign error upon specified portions of the charge given at the trial, when the only complaint of the instructions made in the motion was that the entire charge was contrary to law.

2. It has been frequently ruled that a general exception to an entire charge will not be considered unless the whole charge be unsound. Anderson v. Railway Co. (this term) 33 S.E. 644.

3. An exception to a judgment overruling a motion for a new trial, one of the grounds of the motion being that the entire charge of the court was contrary to law, is not strengthened by specifying in the bill of exceptions the grounds upon which it is claimed that the whole charge was unsound. Clay v. Smith (decided at the present term) 33 S.E. 963.

4. The verdict was amply supported by the evidence.

Error from city court, Richmond county; W. F. Eve, Judge.

Action between James P. Newman and Day & Tannahill. From the judgment, Newman brings error. Affirmed.

F. W. Capers, for plaintiff in error.

Leonard Phinizy, for defendants in error.

PER CURIAM.

Judgment affirmed.