Carroll v. First National Bank

Felton, Chief Judge.

1. Special ground 4 of the plaintiff in error’s motion for new trial assigns error on the failure of the court to dismiss the plaintiff’s petition on the ground that the note purports to be a conveyance from the maker, whereas the instrument shows that the maker did not have title to the auto*795mobile, thereby making the instrument void. This ground is without merit because a motion for new trial may not be used to draw in question the ruling of the court on the pleadings. Padgett v. Reaves, 86 Ga. App. 137 (70 SE2d 922); Hall v. First Nat. Bank, 89 Ga. App. 853 (81 SE2d…