Simonton Construction Co. v. Pope

On Rehearing.

“The Supreme Court or the Court of Appeals shall not decide any question unless it is made by a specific assignment of error in the bill of exceptions, and shall decide any question made by such assignment.” Code § 6-1607. As stated in Rushing v. Akins, 210 Ga. 460 (4) (80 S. E. 2d 813): “There is no exception to the decree upon this ground, and it is well settled that the Supreme Court has no jurisdiction to pass upon questions not made in the record.”

In this record there is no assignment of error on the failure of the trial court to submit this case to the jury, and this court…