Polhill v. State
| Decision Date | 15 June 1920 |
| Docket Number | 11283. |
| Parties | POLHILL v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
In this case the judgment overruling the demurrer cannot be considered, as there is no assignment of error upon the exception pendente lite, nor to the judgment overruling the demurrer. A judgment upon the demurrer cannot be considered upon the motion for a new trial. The motion for a new trial is based on the general ground only, and we cannot say that the evidence did not authorize the verdict. For no reason assigned was it error to overrule the motion for a new trial.
Error from City Court of Nashville; W. R. Smith, Judge.
Proceeding by the State against Lee Polhill. From the judgment, and the denial of his motion for a new trial, Polhill brings error. Affirmed.
C. A. Christian and Story & Story, all of Nashville, for plaintiff in error.
J. H. Gary, Sol., of Nashville, for the State.
Judgment affirmed.
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Trammell v. Shirley, (No. 19042.)
...35 Ga. App. 170, 171, 132 S. E. 241. "A judgment upon the demurrer cannot be considered upon a motion for a new trial." Polhill v. State, 25 Ga. App, 383, 103 S. E. 469. (h) Where the judge grants a nonsuit, "a motion for a new trial is not the proper mode of testing the correctness of such......
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Trammell v. Shirley
... ... associates and means of knowledge of such witness. Civil Code ... 1910, § 6086; Hart v. State, 36 Ga.App. 673 (2), 137 ... S.E. 798; Ivey v. State, 154 Ga. 63 (6), 113 S.E ... 175; Carpenter v. State, 35 Ga.App. 349, 133 S.E ... 350 ... 170, 171, 132 S.E. 241 ... "A ... judgment upon the demurrer cannot be considered upon a motion ... for a new trial." Polhill v. State, 25 Ga.App ... 383, 103 S.E. 469 ... (h) ... Where the judge grants a nonsuit, "a motion for a new ... trial is not ... ...
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Cary v. State
...and it being well settled that a judgment upon a demurrer cannot be the basis of a ground of a motion for a new trial (Polhill v. State, 25 Ga.App. 383, 103 S.E. 469), that judgment cannot be reviewed in this case. 2. "An assignment of error on the ground that the court erred in admitting c......
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Cary v. State
...and it being well settled that a judgment upon a demurrer cannot be the basis of a ground of a motion for a new trial ( Polhill v. State, 25 Ga.App. 383, 103 S.E. 469), that judgment cannot be reviewed in this case. 2. "An assignment of error on the ground that the court erred in admitting ......