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Duke v. Story

38 S.E. 337, 113 Ga. 112, 1901 Ga. LEXIS 172
CourtSupreme Court of Georgia
DecidedMarch 27, 1901
StatusPublished
Cited by18 cases

This text of 38 S.E. 337 (Duke v. Story) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duke v. Story, 38 S.E. 337, 113 Ga. 112, 1901 Ga. LEXIS 172 (Ga. 1901).

Opinion

Lumpkin, P. J.

An action was brought by Story and others against M. N. Duke, to which M. J. Duke Was subsequently made a party defendant. A trial was had, a verdict for the plaintiffs was returned, and a judgment was entered thereon. The Dukes sued out a bill of exceptions alleging error in the rendition of this judgment. It appears, however, that they also filed a motion for a new trial, which was still pending when the bill of exceptions was certified. The case is therefore prematurely here, and the writ of error must be dismissed. Mitchell v. Tomlin, 64 Ga. 368; Williams v. Jones, 69 Ga. 277, s. c. Id. 757: McLendon v. W. & A. R. Co., 85 Ga. 129. Writ of error dismissed.

All the Justices concurring.

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Bluebook (online)
38 S.E. 337, 113 Ga. 112, 1901 Ga. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duke-v-story-ga-1901.