Whitner v. Whitner

Almand, Justice.

At the time of the passage of the act of 1947 (Ga. L. 1947, p. 298), there was a well-established rule that, where an appellate court, in the review7 of a judgment denying a motion for a new trial, is called upon to pass on exceptions pendente lite complaining of the overruling of special demurrers, it may look to the evidence in the record to determine (a) Whether or not any harm resulted to the complainant by reason of the ruling, and (b) whether the evidence demanded the verdict rendered.; and if the ruling, though erroneous, was harmless, the judgment on demurrer would not…