Winder Lumber Co. v. Washington Brick Co.
Supreme Court of Georgia
Although the bill of exceptions specifically assigns error upon rulings made during the progress of the ease in the trial court, and recites the rendition of a final decree and specifies that decree as a part of the record to be transmitted, yet if it contains no assignment of error on the final decree, the writ of error must be dismissed. The final decree must be excepted to, in order to obtain consideration of except tions to rulings preceding it.
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Although the bill of exceptions specifically assigns error upon rulings made during the progress of the ease in the trial court, and recites the rendition of a final decree and specifies that decree as a part of the record to be transmitted, yet if it contains no assignment of error on the final decree, the writ of error must be dismissed. The final decree must be excepted to, in order to obtain consideration of except tions to rulings preceding it. Exceptions to auditor’s report. Before Judge Cobb. Barrow superior court. May 11, 1918.
1Opinion of the CourtGeorge, J.
The Washington Brick Company brought suit in the superior court of Jackson county against the Winder Lumber Company, of Jackson county, and the Mary Leila Cotton Mills, of Greene county, for the purpose of obtaining a judgment against the Winder Lumber Company for brick sold to it and used by it as a contractor in building the cotton mills, and for the establishment of a special materialman’s lien by such judgment on the property of the Mary Leila Cotton Mills. The last-named corporation filed its answer, averring that it was unable to say whether the Winder Lumber Company owed the plaintiff,…
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- Lyndon v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1907
- Harrell v. TiftSupreme Court of Georgia · 1883
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- Ellington v. Automobile Credit Sales Co.Supreme Court of Georgia · 1916
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3Cited by11 opinions
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- Mathewson v. ReedSupreme Court of Georgia · 1919
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