Sanders v. Simms

1. Ground 6 of the motion for a new trial, complaining of the overruling of a motion to dismiss the action, is without merit, as such is not a proper ground for a motion for a new trial. And the assignment of error on the overruling of the motion to dismiss cannot be considered, as the objection to the overruling of the motion was not preserved by exception pendente lite within the time provided by law. Ga. L. 1933, p. 293; § 42(b); Glass v. Brown, 49 Ga. App. 610(1) (176 S. E. 519); Ozburn v. National Union Fire Ins. Co., 53 Ga. App. 682(1) (186 S. E. 852).

2. Where the defendant admitted…