Denham v. Shellman Grain Elevator, Inc.

It is contended that this court has no jurisdiction to review appellant’s enumeration of error No. 1 (that the trial court erred in entering a judgment upon the verdict). The reason advanced is that where a motion for new trial has been properly dismissed for want of prosecution, the judgment establishes the law of the case as to all questions raised by the motion unless the judgment on this ruling is enumerated as error on appeal. The authority cited is Hill v. Willis, 224 Ga. 263 (4) (161 SE2d 281). We disagree.

Code Ann. § 6-702 provides that a motion for a new trial need not be filed as a…