Smith v. Willoughby

Almand, Justice.

The amendment to the motion for a new trial contains two grounds. Ground 1 assigns error on the court’s refusal to grant what is described in this ground as a “motion to dismiss said action on the ground that no equitable jurisdiction had been shown.” Ground 2 complains that the court erred in refusing a motion by defendants’ counsel to strike Earl Rogers as a party defendant.

As to ground 1, the overruling of the motion to dismiss was not excepted to pendente lite, and is not a proper ground of a *94motion for a new trial. Savannah, Florida & Western Ry. Co. v. Renfroe, 115 Ga.…