Parker v. Medlock
Supreme Court of Georgia
Affidavit of illegality-, etc. Before Judge Janes. Haralson superior court. January 21, 1902. On the rulings in the second headnote see Civil Code, §§ 4988, 4981, 4774; Ga. Rep..47/320 ; 49/231; 52/451; 53/492; 55/396, 677; 56/51,439; 57/489; 59/461,607; 63/482; 68/215; 70/633; 71/860; 76/97;81/162; 96/130; 97/769;106/453;19 Enc. Pl. & Pr. 707 (2), 709 (c); 124 Ind. 484.
1Opinion of the CourtITish, J.
1. A party dissatisfied with a verdict can, without filing a motion for a new trial, properly bring to this court for review by a direct bill of exceptions any ‘ ‘ ruling, order, decision, or charge ’ ’ of the court below, which necessarily controlled the finding- against the plaintiff in error. Van Epps’ Code Supp. § 6241; Taylor v. Reese, 108 Ga. 379.
2. Though an affidavit of illegality upon the ground that the defendant had not been served and a traverse filed to the entry of service by the sheriff were tried together, it was erroneous to allow the defendant to testify, over proper…
2Cases cited1 opinion
- Taylor v. ReeseSupreme Court of Georgia · 1899
3Cited by5 opinions
- Cawthon v. StateSupreme Court of Georgia · 1904
- McRae v. BoykinCourt of Appeals of Georgia · 1935
- Henderson v. StateSupreme Court of Georgia · 1905
- O'Connell Bros. v. Friedman, Keiler & Co.Supreme Court of Georgia · 1903
- Chastain v. AlfordSupreme Court of Georgia · 1942