Perry v. Gunby
Supreme Court of Georgia
Bes Adjudieata. New Trial. Practice. Before Judge Johnson. Muscogee Superior Court. May Adjourned Term, 1870. This cause was brought before this Court at June Term, 1870, without any motion for a new trial having been made in the Court below.
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Bes Adjudieata. New Trial. Practice. Before Judge Johnson. Muscogee Superior Court. May Adjourned Term, 1870. This cause was brought before this Court at June Term, 1870, without any motion for a new trial having been made in the Court below. On the 13th of June, 1870, because the record had not been transmitted to this Court in the time required by law, (and because no sufficient excuse or explanation for the delay was shown,) the Court dismissed the writ of error, and ordered “that the judgment of the Court below stand affirmed.” See 41st Georgia Reports. In the order dismissing it and in…
1Opinion of the CourtWarner, J.
The defendant was not concluded from making a motion for a new trial, under the provisions of the 3670th section of the Code, on any legal or equitable ground, except the specified grounds of error taken and set forth in the bill of exceptions, which was dismissed in this Court. As to each of those grounds of error, he was concluded by the affirmance of the judgment, under the provisions of the Constitution, but not as to other grounds not embraced in the bill of exceptions, which was dismissed.
Let the judgment of the Court below be reversed.
2Cited by5 opinions
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- Williams v. Pilcher & DillonCourt of Appeals of Georgia · 1924
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- East Tennessee, Virginia & Georgia Railroad v. WhitlockSupreme Court of Georgia · 1885
- McKinney v. DarbyCourt of Appeals of Georgia · 1939