Visage v. McKellar
Supreme Court of Georgia
Equity. Practice in the Superior Court. Practice in the Supreme Court. Before Judge IIill. Bibb Superior Court. April Term, 1876. It is only necessary to state that this case was tried under the provisions of the act of February 23d, 1876, complainants having demanded that only issues of fact should be submitted to the jury.
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Equity. Practice in the Superior Court. Practice in the Supreme Court. Before Judge IIill. Bibb Superior Court. April Term, 1876. It is only necessary to state that this case was tried under the provisions of the act of February 23d, 1876, complainants having demanded that only issues of fact should be submitted to the jury. The only assignment of error in the bill of exceptions is as follows: “ that said court erred in not submitting such facts to the jury as covered the issues made by the pleadings and proofs in the case, and in not covering the same issues by the decree rendered in said…
1Opinion of the Court
Bleckley, Judge.
1. "When, in trying an equity cause under the act of February 23d, 1876, the judge, after inviting counsel to suggest questions, submits to the jury all that are suggested, and all that occur to his own mind, a party whose counsel had a full and fair opportunity to point out any omitted issues of fact, but failed to do so, cannot complain, after the trial is concluded, that omissions were made — certainly not without giving some reasons why attention was not called to the omissions in time to have them supplied.
2. "When the only assignment of error is, “that the court erred in…
2Cited by3 opinions
- Rainey v. MoonSupreme Court of Georgia · 1939
- Hattaway v. DickensSupreme Court of Georgia · 1927
- Jefferson v. HamiltonSupreme Court of Georgia · 1882