Legal Opinion

Duke v. Story

Supreme Court of Georgia

Decided March 27, 1901PublishedCited by 18 opinions

Practice in the Supreme Court.

1Opinion of the CourtLumpkin, P. J.

An action was brought by Story and others against M. N. Duke, to which M. J. Duke Was subsequently made a party defendant. A trial was had, a verdict for the plaintiffs was returned, and a judgment was entered thereon. The Dukes sued out a bill of exceptions alleging error in the rendition of this judgment. It appears, however, that they also filed a motion for a new trial, which was still pending when the bill of exceptions was certified. The case is therefore prematurely here, and the writ of error must be dismissed. Mitchell v. Tomlin, 64 Ga. 368; Williams v. Jones, 69 Ga. 277, s. c. Id.…

2Cases cited3 opinions

  1. Mitchell v. TomlinSupreme Court of Georgia · 1879
  2. McLendon v. Western & Atlantic RailroadSupreme Court of Georgia · 1890
  3. Williams v. JonesSupreme Court of Georgia · 1882

3Cited by18 opinions

  1. Newton v. RobertsSupreme Court of Georgia · 1926
  2. Kelly & Jones Co. v. MooreSupreme Court of Georgia · 1906
  3. Peyton v. RyleeSupreme Court of Georgia · 1940
  4. Central of Georgia Railway Co. v. Murphey & HuntSupreme Court of Georgia · 1901
  5. Darden v. RobertsSupreme Court of Georgia · 1942

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