Legal Opinion

Ray v. Wood

Court of Appeals of Georgia

Decided April 12, 1956No. 36132PublishedCited by 15 opinions

1Opinion of the CourtNichols, J.

The plaintiff, in his first special ground of the amended motion for new trial, contends that the trial court erred in failing to dismiss his petition before proceeding to trial on the defendant’s cross-action in accordance with Rule 41 of the Superior Court Rules of Procedure (Code, Ann. Supp., § 24-3341).

This court and the Supreme Court have consistently held that an exception to a ruling on a motion to dismiss is not a proper ground of a motion for new trial. Taylor v. Globe Refinery Co., 127 Ga. 138 (56 S. E. 292); Gillis v. Powell, 129 Ga. 403 (58 S. E. 1051); Skinner v. Arthur &…

2Cases cited12 opinions

  1. Eastlick v. Southern Railway Co.Supreme Court of Georgia · 1902
  2. Atlanta Street Railroad v. WalkerSupreme Court of Georgia · 1893
  3. Herz v. Claflin Co.Supreme Court of Georgia · 1897
  4. State Highway Bd. of Georgia v. ColemanCourt of Appeals of Georgia · 1948
  5. Gillis v. PowellSupreme Court of Georgia · 1907

7 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Patillo v. ThompsonCourt of Appeals of Georgia · 1962
  2. Jackson v. StateCourt of Appeals of Georgia · 1963
  3. Dukes v. StateCourt of Appeals of Georgia · 1964
  4. Smith v. SmithSupreme Court of Georgia · 1968
  5. Lanier v. O'BEARCourt of Appeals of Georgia · 1960

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API