Warren v. Oliver
| Decision Date | 05 April 1900 |
| Citation | 35 S.E. 673,111 Ga. 808 |
| Parties | WARREN v. OLIVER et al. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. In view of the statutory requirement embraced in section 5527 of the Civil Code, that every bill of exceptions "shall specify plainly the decision complained of, and the alleged error," and of the law laid down in section 5584, that "the supreme court shall not decide any question unless it is made by a special assignment of error in the bill of exceptions," this court has no jurisdiction of a case when it is impossible to discover, either from the bill of exceptions, or from it and the record together, upon what ground or for what reason the plaintiff in error alleges that the judgment excepted to is erroneous. (a) Accordingly, where a bill of exceptions, without in any manner attempting to specify wherein the alleged error consisted, merely states, in general terms, that the court erred in dismissing an appeal, and neither such bill of exceptions nor the record discloses upon what ground or grounds the judgment of dismissal was based, or that the appeal was dismissed without the assignment of any reason for so doing, the writ of error must be dismissed, for want of compliance with the above-mentioned statutory provisions.
2. Even if, in such a case, the writ of error could be entertained, the judgment below would be affirmed; for error is never presumed, but must be affirmatively shown to exist, and it is manifest that a bill of exceptions of this kind fails to meet this requirement of the law. This court, in the absence of any information as to the ground or grounds upon which the trial court dismissed the appeal, would properly assume that its action was based upon one or more good grounds.
Error from superior court, Eibert county; Seaborn Reese, Judge.
Action between D. H. Warren and A. S. Oliver and others. From the judgment, Warren brings error. Dismissed.
A. G. McCurry, W. L. Hodges, and T. L. Adams, for plaintiff in error.
Jos. N. Worley and John P. Shannon, for defendants in error.
Writ of error dismissed.
To continue reading
Request your trial
-
Binion v. Georgia Southern & F. Ry. Co.
... ... of the law, and no attempt is made to show wherein they ... worked harm to the complaining party. The case of Warren ... v. Oliver, 111 Ga. 808, 35 S.E. 673, holds that, where a ... bill of exceptions, without in any manner attempting to ... specify wherein the ... ...
-
Palmer v. Ingram
...which declares that every bill of exceptions "shall specify plainly the decision complained of and the alleged error." Warren v. Oliver, 111 Ga. 808, 35 S. E. 673. Notwithstanding the fact that this left the case without plea or answer, the burden was still upon the plaintiff to prove her d......
-
Whiteman v. Cousins
...court to determine whether error was committed, and nothing is presented for our consideration. Code, §§ 6-901, 6-1607; Warren v. Oliver, 111 Ga. 808, 35 S.E. 673. being no motion to dismiss, and the result to the parties being the same, under authority of Mobley v. Ellis, 37 Ga.App. 683(4)......
-
Williams v. Visualizit Inc, s. 9680, 9681.
...jurisdiction. Civil Code 1910, § 6139; "Wade v. Watson, 133 Ga. 608 (2), 66 S. E. 922; Lamer v. State, "72 Ga. 205 (3); Warren v. Oliver, 111 Ga. 808, 35 S. E. 673; Wood v. Wood, 147 Ga. 808 (2), 95 S. E. 677. See, also, Woodward v. Williams Lumber Co., 176 Ga. 107, 167 S. E. 169. Writ of e......