Legal Opinion
Avery & Co. v. Graham
Court of Appeals of Georgia
Decided January 25, 1921No. 11337, 11338PublishedCited by 7 opinions
Complaint; from Effingham superior court — Judge Sheppard. December 9, 1919.
1Opinion of the CourtLuke, J.
1. “ A direct assignment of error upon a ruling made during the progress of a trial comes too late if for the first time presented in a bill- of exceptions sued out more than thirty days after the adjournment of the term at which such ruling was made.” Heery v. Burkhalter, 113 Ga. 1043(1) (39 S. E. 406). Nor can such a ruling be properly made a ground of a motion for a new trial. Methodist Episcopal Church South v. Dudley Sash, Door, & Lumber Co., 137 Ga. 68 (72 S. E. 480). Under these rulings the assignment of error, in the bill of exceptions and in the motion for a new trial, upon the…
2Cases cited5 opinions
- Seaboard Air-Line Railway v. BarrowCourt of Appeals of Georgia · 1916
- Heery v. BurkhalterSupreme Court of Georgia · 1901
- Methodist Episcopal Church South v. Dudley Sash, Door, & Lumber Co.Supreme Court of Georgia · 1911
- Central of Georgia Railway Co. v. Jaques & Tinsley Co.Court of Appeals of Georgia · 1919
- Mewborn v. WeitzerCourt of Appeals of Georgia · 1915
3Cited by7 opinions
- Webb v. PrinceCourt of Appeals of Georgia · 1940
- Western & Atlantic Railroad v. FowlerCourt of Appeals of Georgia · 1948
- Seligman & Co. v. Glastonbury Manufacturing Co.Court of Appeals of Georgia · 1948
- Union Brokerage Co. v. FineCourt of Appeals of Georgia · 1923
- English v. MooreCourt of Appeals of Georgia · 1922
2 more not listed; retrieve them via the Exa API.