Simmons v. Scarborough
Supreme Court of Georgia
Practice. Writ of error from Lee superior court. The plaintiff in error, Mrs. L. B. Simmons, filed an affidavit of illegality to the levy of a fi. fa. in favor of Scarborough, transferee of Byrom, against E. J. and L. B. Simmons. . Upon the trial the plaintiff in error offered an amendment to her affidavit of illegality.
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Practice. Writ of error from Lee superior court. The plaintiff in error, Mrs. L. B. Simmons, filed an affidavit of illegality to the levy of a fi. fa. in favor of Scarborough, transferee of Byrom, against E. J. and L. B. Simmons. . Upon the trial the plaintiff in error offered an amendment to her affidavit of illegality. The bill of exceptions recites that “the plaintiff generally demurred to the amendment and objected to the same, and the court sustained the demurrer and refused to allow the amendment; thereupon defendant then and there excepted, and now excepts and assigns the same as…
1Opinion of the CourtBeck, J.
“A direct bill of exceptions to a ruling made pendente lite, which does not assign error upon any final judgment, though such a judgment was rendered, will not ba entertained by this court.” Kibben v. Coastwise Dredging Co., 120 Ga. 899.
Writ of error dismissed.
All the Justices concur.
2Cases cited1 opinion
- Kibben v. Coastwise Dredging Co.Supreme Court of Georgia · 1904
3Cited by3 opinions
- Miami County Bank v. State ex rel. Peru Trust Co.Indiana Court of Appeals · 1916
- Mertins v. PritchardSupreme Court of Georgia · 1911
- Woodall v. HarrisCourt of Appeals of Georgia · 1918