DeLoach v. Hicks

Court of Appeals of Georgia

DeLoach v. Hicks

187 S.E. 886, 54 Ga. App. 405, 1936 Ga. App. LEXIS 599

CourtCourt of Appeals of Georgia

DecidedOctober 23, 1936

Docket25693

StatusPublished

Cited by2 cases

This text of 187 S.E. 886 (DeLoach v. Hicks) 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

DeLoach v. Hicks, 187 S.E. 886, 54 Ga. App. 405, 1936 Ga. App. LEXIS 599 (Ga. Ct. App. 1936).

Pincite

Opinion

Broyles, C. J.

1. A judgment of nonsuit is not a proper groxind of a motion for new trial, and can not be reviewed by this coux-t except on a direct bill of exceptions. Smith v. Perryman, 38 Ga. App. 496 (144 S. E. 341), and cit.; Hartsfield v. Kitchens, 51 Ga. App. 154 (179 S. E. 920).

2. In the instant case a nonsuit was awarded, and the bill of exceptions contains no assignment of error on that judgment; the only assignment •of error being on the overruling of the motion for new trial. Since the award of a nonsuit can not be reviewed by a motion for new trial, the court did not err in overruling the motion.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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