Gainesville Midland Railroad Co. v. Floyd

Where a motion to nonsuit is overruled, and the exception to such ruling is not preserved in the lower court, such ground of exception cannot be considered by this court in a motion for new trial (Dixie Manufacturing Co. v. Ricks, 153 Ga. 364, 112 S. E. 370); nor will an assignment of error upon the refusal to award a nonsuit be considered where, after the case has proceeded to a verdict in favor of the plaintiff, and the defendant’s motion for new trial, to the overruling of which exception is taken, includes the ground that the verdict is contrary to the evidence and without' evidence to…