Elberton & Eastern Railroad v. Newsome
Court of Appeals of Georgia
Action for damages; from city court of Washington — Judge Sutton. June 12, 1920. 1. Exceptions pendente lite, assigning error on the refusal to grant a continuance, are specified in the main bill of exceptions and were sent to this court as a part of the record material to an understanding of the errors complained of, and the main bill of exceptions says: “ and now comes the defendant and assigns error on said judgment and ruling of the court and says that the court erred in…
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Action for damages; from city court of Washington — Judge Sutton. June 12, 1920. 1. Exceptions pendente lite, assigning error on the refusal to grant a continuance, are specified in the main bill of exceptions and were sent to this court as a part of the record material to an understanding of the errors complained of, and the main bill of exceptions says: “ and now comes the defendant and assigns error on said judgment and ruling of the court and says that the court erred in refusing such continuance upon each and every of the grounds set out in the motion for continuance and in .said bill of…
1Opinion of the CourtLuke, J.
1. Exceptions pendente lite cannot be considered unless error is assigned thereon, either in the main bill of exceptions or in this court by counsel for plaintiff in error, before the argument begins. In the *439instant case, there is no assignment of error on the exceptions pendente lite. The ruling complained of, having been made some several months before the bill of exceptions was presented, cannot be considered. See Shaw v. Jones, 133 Ga. 446; Ponder v. State, 25 Ga. App. 768 (105 S. E. 318).
Decided March 9, 1921. Action for damages; from city court of Washington — Judge Sutton. June 12,…
2Cases cited2 opinions
- Shaw v. Jones, Newton & Co.Supreme Court of Georgia · 1909
- Ponder v. StateCourt of Appeals of Georgia · 1920
3Cited by2 opinions
- Roberts v. McClellanCourt of Appeals of Georgia · 1949
- Brock v. CatoCourt of Appeals of Georgia · 1947