Peck v. Harris

Decision Date12 January 1928
Docket Number(No. 18576.)
Citation37 Ga.App. 688,141 S.E. 433
PartiesPECK. v. HARRIS.
CourtGeorgia Court of Appeals

Rehearing Denied Feb. 9, 1928.

(Syllabus by Editorial Staff.)

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

Action by S. N. Harris against Fenn Peck. Judgment for plaintiff, and defendant brings error. Writ of error dismissed.

W. G. Warnell, of Savannah, for plaintiff in error.

Adams, Adams & Douglas, of Savannah, for defendant in error.

Syllabus Opinion by the Court.

LUKE, J. [1] 1. Where a cause involving both questions of law and fact is adjudicated by the judge without the intervention of a jury, and the trial results in a finding in favor of the plaintiff, and the judgment of the trial court is attacked because contrary to law, the exception should specify wherein it is contrary to law. Groover v. Inman, 60 Ga. 407 (5). Where a bill of exceptions fails to so specify, the assignment of error is too general, and the bill of exceptions, if it contain no other assignment of error upon a final judgment, must be dismissed. Fidelity & Deposit Co. v. Anderson, 102 Ga. 551, 28 S. E. 382, and citations. Under this ruling, the assignment of error upon the final judgment of the presiding judge in the instant bill of exceptions was too general.

2. There being no sufficient assignment of error upon any final judgment in the case, the...

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