Legal Opinion · Dissent

Jill Brothers Inc. v. Holmes

Court of Appeals of Georgia

Decided February 28, 1940No. 27929, 27930Published

1DissentSutton, J.

While I concur in the rulings made and the judgment on the main bill of exceptions, I do not concur in the judgment of dismissal of the cross-bill of exceptions. I am of the opinion that the questions raised by the main bill of exceptions should not be considered for the reason that the cross-bill of exceptions presents a question which is controlling in this case (Cheshire v. Williams, 101 Ga. 814, 29 S. E. 191; Gay v. Gay, 108 Ga. 739, 32 S. E. 846; Smith v. Van Hoose, 110 Ga. 633, 36 S. E. 77), in that the motion for new trial should have been dismissed because there was no brief of…

2Cases cited16 opinions

  1. Baker v. Johnson & HarrisSupreme Court of Georgia · 1896
  2. Georgia Railway & Electric Co. v. HamerCourt of Appeals of Georgia · 1907
  3. Whitaker v. StateSupreme Court of Georgia · 1912
  4. Moxley v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1905
  5. Garraux v. RossSupreme Court of Georgia · 1920

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