Cotton v. Pendley

Stolz, Judge.

The plaintiff in a trover action for an automobile which he left with the defendant for repairs, appeals from the judgment on the jury verdict in favor of the defendant on his counterclaim. Held:

1. Grounds 1 and 2 of the enumeration of errors, based upon the trial judge’s ex mero motu rulings which allegedly expressed or intimated the court’s opinion on the merits of the case, will not be considered now, since the appellant failed to make timely objection or a motion for mistrial when the rulings were made. Palmer v. Stevens, 115 Ga. App. 398, 401 (154 SE2d 803) and cits.

2.…