Legal Opinion

Fechtel v. Chastain

Court of Appeals of Georgia

Decided July 2, 1949No. 32514PublishedCited by 5 opinions

1Opinion of the CourtFelton, J.

Special grounds one and three of the amended motion for a new trial are without merit because exceptions to rulings on pleadings can not be made in a motion for a new trial. Cody v. Citizens & Southern Nat. Bank, 50 Ga. App. 210 (177 S. E. 513); Oliver v. Wayne, 58 Ga. App. 787 (199 S. E. 841); Hayes v. Hannah, 61 Ga. App. 86 (5 S. E. 2d, 782).

The second special ground is without merit because an exception to the refusal to give a separate trial on a special issue can not be made in a motion for a new trial. Guthrie v. Gaskins, 171 Ga. 303 (155 S. E. 185).

Grounds four and five are obviously…

2Cases cited4 opinions

  1. Guthrie v. GaskinsSupreme Court of Georgia · 1930
  2. Cody v. Citizens & Southern National BankCourt of Appeals of Georgia · 1934
  3. Hayes v. HannahCourt of Appeals of Georgia · 1939
  4. Oliver v. WayneCourt of Appeals of Georgia · 1938

3Cited by5 opinions

  1. Padgett v. ReavesCourt of Appeals of Georgia · 1952
  2. Lunsford v. FerrellCourt of Appeals of Georgia · 1951
  3. Mayeske v. OwenCourt of Appeals of Georgia · 1955
  4. McJenkin Insurance v. BurtonCourt of Appeals of Georgia · 1955
  5. Wallace v. EasterwoodCourt of Appeals of Georgia · 1959

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