Legal Opinion

Carter v. Johnson

Supreme Court of Georgia

Decided December 20, 1900PublishedCited by 6 opinions

Affidavit of illegality. Before Judge Williams. City court of Waycross. March term, 1900.

1Opinion of the CourtLumpkin, P. J.

1. Since sustaining a demurrer to an affidavit of illegality would leave nothing to be tried, it is manifest that the overruling of such a demurrer can not properly be made a ground of a motion for a new trial. See, in this connection, Willbanks v. Untriner, 98 Ga. 861; Holleman v. Bradley Co., 106 Ga. 157; Cleveland v. State, 109 Ga. 265.

2. A direct assignment of error upon a ruling made during the progress of a trial comes too late if for the first time presented in a bill of exceptions sued out more than thirty days after the adjournment of the term at which such ruling was made. Civil…

2Cases cited2 opinions

  1. Dietz v. FahySupreme Court of Georgia · 1899
  2. Cleveland v. StateSupreme Court of Georgia · 1899

3Cited by6 opinions

  1. Heery v. BurkhalterSupreme Court of Georgia · 1901
  2. First National Bank v. TaylorSupreme Court of Georgia · 1912
  3. Birmingham Finance Co. v. ChisholmSupreme Court of Georgia · 1926
  4. Savannah, Florida & Western Railway Co. v. RenfroeSupreme Court of Georgia · 1902
  5. Cohen v. BrownCourt of Appeals of Georgia · 1926

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