Carter v. Johnson
Supreme Court of Georgia
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
- Dietz v. FahySupreme Court of Georgia · 1899
- Cleveland v. StateSupreme Court of Georgia · 1899
3Cited by6 opinions
- Heery v. BurkhalterSupreme Court of Georgia · 1901
- First National Bank v. TaylorSupreme Court of Georgia · 1912
- Birmingham Finance Co. v. ChisholmSupreme Court of Georgia · 1926
- Savannah, Florida & Western Railway Co. v. RenfroeSupreme Court of Georgia · 1902
- Cohen v. BrownCourt of Appeals of Georgia · 1926
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