Empire Cotton Oil Co. v. Taylor

Supreme Court of Georgia

Empire Cotton Oil Co. v. Taylor

111 S.E. 35, 152 Ga. 693, 1922 Ga. LEXIS 259

CourtSupreme Court of Georgia

DecidedFebruary 17, 1922

DocketNo. 2534

StatusPublished

Cited by6 cases

This text of 111 S.E. 35 (Empire Cotton Oil Co. v. Taylor) 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

Empire Cotton Oil Co. v. Taylor, 111 S.E. 35, 152 Ga. 693, 1922 Ga. LEXIS 259 (Ga. 1922).

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Opinion

Atkinson, .T.

“ Although the bill of exceptions specifically assigns error upon rulings made during the progress of the ease in the trial court, and recites the rendition of a final decree and specifies that decree as a part of the record to be transmitted, yet if it contains no assignment of error on the final decree, the writ of error must be dismissed. .The final decree must be excepted to, in order to obtain consideration of exceptions to rulings preceding it.” Winder Lumber Co. v. Washington Brick Co., 149 Ga. 215 (99 S. E. 863). Accordingly, where on the call of the case in this court the defendant in error moves to dismiss the bill of exceptions, on the ground that there is no assignment of error upon the final judgment rendered in the case, although it recites and shows that a final judgment was rendered, and where upon an inspection of the bill of exceptions it appears that the only exception is to the judgment of the court below sustaining a demurrer to an amendment in aid of the levy in the ease, and exceptions pendente lite to such ruling were certified and ordered filed as a part of the record in the ease, an assignment of error merely upon such ruling made during the progress of the trial is not an exception to the final judgment; and therefore, under the foregoing ruling, the motion to dismiss must be sustained.

Writ of error dismissed.

All the Justices concur.

Writ of error; from Taliaferro. Motion to dismiss.

■J. A. Mitchell, for plaintiff in error. Alvin G. Goluclce, contra.

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Atkinson, .T.

“ Although the bill of exceptions specifically assigns error upon rulings made during the progress of the ease in the trial court, and recites the rendition of a final decree and specifies that decree as a part of the record to be transmitted, yet if it contains no assignment of error on the final decree, the writ of error must be dismissed. .The final decree must be excepted to, in order to obtain consideration of exceptions to rulings preceding it.” Winder Lumber Co. v. Washington Brick Co., 149 Ga. 215 (99 S. E. 863). Accordingly, where on the call of the case in this court the defendant in error moves to dismiss the bill of exceptions, on the ground that there is no assignment of error upon the final judgment rendered in the case, although it recites and shows that a final judgment was rendered, and where upon an inspection of the bill of exceptions it appears that the only exception is to the judgment of the court below sustaining a demurrer to an amendment in aid of the levy in the ease, and exceptions pendente lite to such ruling were certified and ordered filed as a part of the record in the ease, an assignment of error merely upon such ruling made during the progress of the trial is not an exception to the final judgment; and therefore, under the foregoing ruling, the motion to dismiss must be sustained.

Writ of error dismissed.

All the Justices concur.

Writ of error; from Taliaferro. Motion to dismiss.

■J. A. Mitchell, for plaintiff in error. Alvin G. Goluclce, contra.

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111 S.E. 35, 152 Ga. 693, 1922 Ga. LEXIS 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/empire-cotton-oil-co-v-taylor-ga-1922.

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