Cornett & Co. v. Newsome
Court of Appeals of Georgia
Mortgage foreclosure; from City court of Sandersville — Judge Goodwin. March 4, 1921. Cornett & Company sold to Newsome a pair of mules, to which they retained title by a conditional bill of sale of the mules. As additional security, in the same instrument Cornett & Company took from Newsome a mortgage covering another pair of mules belonging to Newsome.
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Mortgage foreclosure; from City court of Sandersville — Judge Goodwin. March 4, 1921. Cornett & Company sold to Newsome a pair of mules, to which they retained title by a conditional bill of sale of the mules. As additional security, in the same instrument Cornett & Company took from Newsome a mortgage covering another pair of mules belonging to Newsome. This instrument was in the usual form, and, as to the two mules sold to Newsome, gave to the seller, upon default in payment, no option to retake without legal process the two mules in question. As to the mortgage oh the other two mules, the…
1Opinion of the CourtHill, J.
1. (After stating the foregoing facts.) The main bill of exceptions fails to show any assignment of error upon the judgment overruling the demurrer, nor does the record show any assignment upon the exceptions pendente lite complaining of that judgment. In the absence of such assignment of error, this court cannot consider the question made on the judgment overruling the demurrer. Tift v. Shiver, 24 Ga. App. 638 (102 S. E. 47); Campbell v. State, 24 Ga. App. 138 (100 S. E. 30); Smiley v. Smiley, 144 Ga. 546 (87 S. E. 668).
2. In the absence of the entire charge of the trial court, this court…
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