DocketNumber: 14000.
Citation Numbers: 19 S.E.2d 270, 193 Ga. 637
Judges: JENKINS, Justice.
Filed Date: 3/14/1942
Status: Precedential
Modified Date: 1/12/2023
Writ of error on bill of exceptions to decree. While motion for new trial was pending and not disposed of, was premature. Dismissal, with direction granting leave to treat the copy of bill of exceptions in the trial court as exceptions pendente lite.
2. In this case, however, the exceptions are not limited to the orders on demurrers to the answer and the response thereto, but there are also exceptions to "final decrees" in favor of the defendant as "contrary to law" because the decrees necessarily "resulted from the foregoing erroneous rulings" on the demurrers. Assuming that such exceptions are adequate in form (Cheatham v.Palmer,
(a) A direct bill of exceptions on the refusal to strike the answer not being permissible, no question arises as to whether, if such exceptions had been permissible, the plaintiff in error would have had such a right after the filing of a motion for new trial. See, in this connection, Newton v. Roberts, Montgomery
v. King, Bandy v. Frierson, supra; Gilbert v. Tippens,
3. Under the preceding rulings, since it appears that the motion for new trial made in this case remains undisposed of, the plaintiff in error was precluded from coming to this court upon a bill of exceptions based on the final decrees, with the result that this bill of exceptions must necessarily be dismissed as premature. "In the circumstances, leave is granted to the plaintiff in error to treat the official copy of the bill of exceptions now of file in the trial court as exceptions pendente lite. Cook County v. Thornhill Wagon Co., supra, and cit.;Dooly v. Gates,
Writ of error dismissed, with direction. All the Justicesconcur. *Page 640
Williams v. Jones , 69 Ga. 277 ( 1882 )
Lowe v. Burke , 79 Ga. 164 ( 1887 )
Central Railroad & Banking Co. v. Denson , 83 Ga. 266 ( 1889 )
City Council of Augusta v. Lombard , 86 Ga. 165 ( 1890 )
Augusta Factory v. Davis , 87 Ga. 648 ( 1891 )
Herz v. Claflin Co. , 101 Ga. 615 ( 1897 )
Knights of Ku Klux Klan v. Terrell , 155 Ga. 374 ( 1923 )
White v. Chisolm , 160 Ga. 177 ( 1925 )
Bellinger v. Eblin & Co. , 158 Ga. 657 ( 1924 )
Newton v. Roberts , 163 Ga. 135 ( 1926 )
Vanzant v. First National Bank , 164 Ga. 772 ( 1927 )
Ryals v. Atlantic Life Insurance , 181 Ga. 843 ( 1936 )
Gilbert v. Tippens, superintendent of banks , 183 Ga. 497 ( 1936 )
Byrd v. Equitable Life Assurance Society , 184 Ga. 178 ( 1937 )
Bozeman v. Ward-Truitt Co. , 141 Ga. 45 ( 1913 )
Durrence v. Waters , 143 Ga. 223 ( 1915 )
Duncan v. Duncan , 145 Ga. 424 ( 1916 )
Cheatham v. Palmer , 191 Ga. 617 ( 1941 )
Dooly v. Gates , 192 Ga. 483 ( 1941 )
Ritchie v. Barker , 216 Ga. 194 ( 1960 )
Williams v. KWIK SHAKE DISPENSER MANUFACTURING COMPANY , 214 Ga. 478 ( 1958 )
Roberts v. McBrayer , 194 Ga. 606 ( 1942 )
Rivers v. Hollingsworth , 196 Ga. 708 ( 1943 )
Wood v. W. P. Brown Sons Lumber Co. , 199 Ga. 167 ( 1945 )
Beavers v. Williams , 197 Ga. 9 ( 1943 )
Hood v. Akins , 114 Ga. App. 733 ( 1966 )
Moore v. Georgia Power Company , 122 Ga. App. 54 ( 1970 )
SOUTHERN GUARANTY INSURANCE COMPANY v. Beasley , 106 Ga. App. 64 ( 1962 )
Personal Credit Corporation v. Goldwire , 88 Ga. App. 125 ( 1953 )