Hendricks v. Reid
Supreme Court of Georgia
Application for mandamus. Hendricks brongbt an action for damages against Mrs. J. W. Ballard. On the trial, which appears to have lasted about ten days, a verdict was rendered for the defendant. The plaintiff tendered to the presiding judge a bill of exceptions, which contained none of the evidence introduced except the substance of one set of depositions which was objected to.
Read the full summary
Application for mandamus. Hendricks brongbt an action for damages against Mrs. J. W. Ballard. On the trial, which appears to have lasted about ten days, a verdict was rendered for the defendant. The plaintiff tendered to the presiding judge a bill of exceptions, which contained none of the evidence introduced except the substance of one set of depositions which was objected to. The errors assigned consisted in the allowance of an amendment to the defendant’s plea, the admission of the depositions of a witness which were objected to, the rejection of a certain arficle appearing in a newspaper,…
1Opinion of the CourtLumcpkin, J.
(After stating the facts.) In Newberry v. Tenant, 121 Ga. 561, it was held that “A direct bill of exceptions to a ruling made pendente lite, which does not assign error upon any final judgment, will not be entertained by this court.” This decision was concurred in by all six Justices, and can not be reversed except by a concurrence of the entire bench. It was followed in Montgomery v. Reynolds, 124 Ga. 1053. The ruling dates back as far as the decision in Harrell v. Tift, 70 Ga. 730. Whether an exception to the verdict would suffice is not in question.
It is asked that we review these and…
2Cases cited3 opinions
- Harrell v. TiftSupreme Court of Georgia · 1883
- Henderson v. StateSupreme Court of Georgia · 1905
- Montgomery v. ReynoldsSupreme Court of Georgia · 1906
3Cited by5 opinions
- Lyndon v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1907
- Harris v. SheffieldSupreme Court of Georgia · 1907
- Reagin v. StroudCourt of Appeals of Georgia · 1935
- Farmer v. White Sewing Machine Co.Court of Appeals of Georgia · 1923
- Woodall v. HarrisCourt of Appeals of Georgia · 1918