Perry v. Higgison, 54445

• Decision Date: 07 November 1977
• Docket Number: No. 1,No. 54445,54445,1
• Citation: 144 Ga.App. 58,240 S.E.2d 290
• Parties: Camille PERRY et al. v. C. L. HIGGISON et al
• Court: Georgia Court of Appeals

Page 290

240 S.E.2d 290

144 Ga.App. 58

Camille PERRY et al. v. C. L. HIGGISON et al.

No. 54445.

Court of Appeals of Georgia, Division No. 1.

Nov. 7, 1977.

Rehearing Denied Nov. 18, 1977.

Randall M. Clark, Brunswick, for appellants.

Heyman & Sizemore, William H. Major, Atlanta, William R. Killian, Brunswick, for appellees.

SMITH, Judge.

In this case involving the distribution of an estate, appellants claim the trial court erred in its charge and in overruling their motion for new trial. We affirm.

1. Appellants objected, as follows, to the charge setting out the principle of Code § 113-904: "Your honor, at this time, I object to any discrimination. I object to the court's instructions making a discrimination to the legitimacy or illegitimacy of a child. We object on the basis of it being unconstitutional to the state, and unconstitutional as it is applied here." This objection was insufficient to raise any constitutional question as to the law charged, and the trial court's overruling of the objection was not error. Elinburg v. State, 227 Ga. 246, 179 S.E.2d 926 (1971).

2. Appellants filed their motion for new trial on December 19, 1975, before the court entered its judgment, on December 22, 1975. Since the motion for new trial was void, the trial court did not err in denying it. Moore v. Moore, 229 Ga. 600, 193 S.E.2d 608 (1972).

Judgment affirmed.

BELL, C. J., and McMURRAY, J., concur.