Appling v. Jones , 115 Ga. App. 301 ( 1967 )

Pannell, Judge,

concurring specially. The enumerations of error, pertaining to the questions here decided, were as follows: “2. The court erred in overruling the defendant’s motion for a directed verdict. 3. The court erred in overruling the defendants’ motion for a judgment notwithstanding a verdict.” The court has passed upon Enumeration of error 3. In my opinion, since the appeal is from the judgment upon the -verdict, no enumeration of error on the actions or rulings of the court thereafter can be considered or passed upon by this court. I have expressed these views in full in a dissenting opinion in Allen v. Rome Kraft Co., 114 Ga. App. 717, supra. Under appellate practice prior to the Appellate Practice Act of 1965 as amended no assignments of error upon any action of the trial judge occurring after the judgment appealed from could be considered on the appeal (by bill of exceptions). There is no language in the Appellate Practice Act, and none was cited by the court in Allen v. Rome Kraft Co. which changes the law in this regard. Regardless of the opinions I entertain, however, I am bound by the decision of the majority of this court considered by the full court in Allen v. Rome Kraft Co., supra. For this reason and for this reason only do I concur in the judgment.