Driggers v. Mosley

Court of Appeals of Georgia

Driggers v. Mosley

78 S.E. 865, 13 Ga. App. 111, 1913 Ga. App. LEXIS 58

CourtCourt of Appeals of Georgia

DecidedJuly 22, 1913

Docket4344

StatusPublished

This text of 78 S.E. 865 (Driggers v. Mosley) 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

Driggers v. Mosley, 78 S.E. 865, 13 Ga. App. 111, 1913 Ga. App. LEXIS 58 (Ga. Ct. App. 1913).

Pincite

Opinion

Russell, J.

The judge of the superior court did not err in overruling the certiorari. According to the answer, which was not traversed, the trial court properly overruled the defendant’s motion for a continuance, and ruled the case to trial. The defendant, though present, made no effort to amend his plea, and waived his right to complain of the dismissal of his appeal, by declining to interpose any objection at the time the motion to dismiss it was made. Courts of review can not adjudicate questions which are not presented in the trial court.

Judgment affirmed.

Certiorari; from Tattnall superior court — Judge Sheppard. May 22, 1912.

H. H. Elders, for plaintiff in- error.

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Russell, J.

The judge of the superior court did not err in overruling the certiorari. According to the answer, which was not traversed, the trial court properly overruled the defendant’s motion for a continuance, and ruled the case to trial. The defendant, though present, made no effort to amend his plea, and waived his right to complain of the dismissal of his appeal, by declining to interpose any objection at the time the motion to dismiss it was made. Courts of review can not adjudicate questions which are not presented in the trial court.

Judgment affirmed.

Certiorari; from Tattnall superior court — Judge Sheppard. May 22, 1912.

H. H. Elders, for plaintiff in- error.

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Bluebook (online)

78 S.E. 865, 13 Ga. App. 111, 1913 Ga. App. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/driggers-v-mosley-gactapp-1913.