Dalton Fruit & Produce Co. v. Connally

Court of Appeals of Georgia

Dalton Fruit & Produce Co. v. Connally

103 S.E. 800, 25 Ga. App. 422, 1920 Ga. App. LEXIS 851

CourtCourt of Appeals of Georgia

DecidedJuly 13, 1920

Docket11497

StatusPublished

This text of 103 S.E. 800 (Dalton Fruit & Produce Co. v. Connally) 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

Dalton Fruit & Produce Co. v. Connally, 103 S.E. 800, 25 Ga. App. 422, 1920 Ga. App. LEXIS 851 (Ga. Ct. App. 1920).

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Opinion

Bloodworth, J.

The only exception to any ruling in this case is thus stated in the bill of exceptions: “ To the refusal of the court to allow the plaintiff to file traverses to the answers filed by the defendants in said case the plaintiff in error then and there excepted, and now excepts and assigns the same as error, because the same is contrary to law.” This is not an exception to a final judgment. “ A bill of exceptions .in which there is no exception to the final judgment does not confer jurisdiction upon this court, and the writ of error must be dismissed.” Simmons v. Peagler, 7 Ga. App. 252 (66 S. E. 629), and cit. See also Lyndon v. Ga. Ry. & Electric Co., 129 Ga. 354 (3) (58 S. E. 1047); Montgomery v. Reynolds, 124 Ga. 1053 (53 S. E. 512), and cit.

Writ of error dismissed.

Broyles, C. J., and Luke, J., concur.

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Bloodworth, J.

The only exception to any ruling in this case is thus stated in the bill of exceptions: “ To the refusal of the court to allow the plaintiff to file traverses to the answers filed by the defendants in said case the plaintiff in error then and there excepted, and now excepts and assigns the same as error, because the same is contrary to law.” This is not an exception to a final judgment. “ A bill of exceptions .in which there is no exception to the final judgment does not confer jurisdiction upon this court, and the writ of error must be dismissed.” Simmons v. Peagler, 7 Ga. App. 252 (66 S. E. 629), and cit. See also Lyndon v. Ga. Ry. & Electric Co., 129 Ga. 354 (3) (58 S. E. 1047); Montgomery v. Reynolds, 124 Ga. 1053 (53 S. E. 512), and cit.

Writ of error dismissed.

Broyles, C. J., and Luke, J., concur.

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Bluebook (online)

103 S.E. 800, 25 Ga. App. 422, 1920 Ga. App. LEXIS 851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dalton-fruit-produce-co-v-connally-gactapp-1920.

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