Mayeske v. Owen

The second special ground of the motion for new trial complains that the trial court erred in denying the motion of the plaintiff in fi. fa. to dismiss the claim upon the ground that the trial court was without jurisdiction. The refusal of the trial court to dismiss the action for lack of jurisdiction is not a proper ground for a motion for new trial, and as here presented cannot be considered. Nesmith v. Mohr & Sons, 7 Ga. App. 558 (2) (67 S. E. 221); Jarrard v. Wildes, 87 Ga. App. 30, 31 (73 S. E. 2d 116).

The first special ground complains that the trial court erred in denying the motion of…