Lyon v. Williams Patent Crusher & Pulverizer Co.
Court of Appeals of Georgia
Complaint; from city court of Leesburg — Judge Martin. October 18, 1930. 1. Tbe motion to dismiss the writ of error' was upon the grounds: (1) There is no sufficient assignment of error in the bill of exceptions to authorize this court to entertain jurisdiction of the writ of error. (3) There is no valid and legal assignment of error. (3) There is no proper exception to any final judgment. (4) There is no proper assignment of error upon any final judgment.
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Complaint; from city court of Leesburg — Judge Martin. October 18, 1930. 1. Tbe motion to dismiss the writ of error' was upon the grounds: (1) There is no sufficient assignment of error in the bill of exceptions to authorize this court to entertain jurisdiction of the writ of error. (3) There is no valid and legal assignment of error. (3) There is no proper exception to any final judgment. (4) There is no proper assignment of error upon any final judgment. (5) The bill of exceptions does not specify plainly the decision complained of and the alleged error, as is required by the Civil Code, §…
1Opinion of the CourtHile, J.
1. The bill of exceptions was not subject to dismissal for any of the reasons assigned. The assignments of error were sufficient to give this court jurisdiction. Lyndon v. Ga. Ry. & El. Co., 129 Ga. 354(4) (58 S. E. 1047) ; Mock v. Waters, 6 Ga. App. 608(1) (65 S. E. 579) ; Tinsley v. Gullett Gin Co., 21 Ga. App. 512(1) (94 S. E. 892).
2. The answer as amended did not allege facts which would legally excuse the defendant from liability on the contract because he signed it without knowledge of its contents. Georgia Medicine Co. v. Hyman, 117 Ga. 851 (45 S. E. 238).
3. The contract of sale of the…
2Cases cited19 opinions
- Lyndon v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1907
- Tinsley v. Gullett Gin Co.Court of Appeals of Georgia · 1917
- Stoddard Manufacturing Co. v. AdamsSupreme Court of Georgia · 1905
- McDaniel v. Mallary Bros. Machinery Co.Court of Appeals of Georgia · 1909
- Walton Guano Co. v. CopelanSupreme Court of Georgia · 1900
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3Cited by2 opinions
- Rome Brick Co. v. Dixie C. Mfg. Co.Court of Appeals of Georgia · 1949
- Rome Brick Co. v. Dixie Machinery Mfg. Co.Court of Appeals of Georgia · 1949