Atlantic Coast Line Railroad v. Yesbik

Court of Appeals of Georgia

Atlantic Coast Line Railroad v. Yesbik

59 S.E. 716, 3 Ga. App. 196, 1907 Ga. App. LEXIS 591

CourtCourt of Appeals of Georgia

DecidedDecember 9, 1907

Docket498

StatusPublished

Cited by2 cases

This text of 59 S.E. 716 (Atlantic Coast Line Railroad v. Yesbik) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atlantic Coast Line Railroad v. Yesbik, 59 S.E. 716, 3 Ga. App. 196, 1907 Ga. App. LEXIS 591 (Ga. Ct. App. 1907).

Pincite

Opinions

Russell, J.

At the trial in September, the judge overruled demurrers to the declaration and refused a nonsuit, to which rulings exceptions pendente lite were duly preserved by the defendant. The jury returned a verdict for the plaintiff; the defendant made a motion for a new trial, which was heard and overruled in April following the trial. The bill of exceptions neither excepts to nor assigns error upon the order overruling the motion for a new trial. The failure to assign error upon the final judgment is not fatal, but the failure to except thereto is. Lyndon v. Ga. Ry. & Elec. Co., 129 Ga. 354 (58 S. E. 1047). The writ of error, therefore, not being such as to confer jurisdiction upon this court, must be.

Dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Russell, J.

At the trial in September, the judge overruled demurrers to the declaration and refused a nonsuit, to which rulings exceptions pendente lite were duly preserved by the defendant. The jury returned a verdict for the plaintiff; the defendant made a motion for a new trial, which was heard and overruled in April following the trial. The bill of exceptions neither excepts to nor assigns error upon the order overruling the motion for a new trial. The failure to assign error upon the final judgment is not fatal, but the failure to except thereto is. Lyndon v. Ga. Ry. & Elec. Co., 129 Ga. 354 (58 S. E. 1047). The writ of error, therefore, not being such as to confer jurisdiction upon this court, must be.

Dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

59 S.E. 716, 3 Ga. App. 196, 1907 Ga. App. LEXIS 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-coast-line-railroad-v-yesbik-gactapp-1907.

Opinions

Related

Cite This Page — Counsel Stack