First National Bank v. Jones

Court of Appeals of Georgia

First National Bank v. Jones

76 S.E. 1042, 12 Ga. App. 158, 1913 Ga. App. LEXIS 479

Court of Appeals of Georgia·Decided January 22, 1913·No. 4520·Published·Cited by 1 cases

Opinion

Russell, J.

1. This court has no power to decide questions which were not raised in the lower court; and, .consequently, the objections to the pleadings must be treated as having been waived. Ward v. Frick Company, 95 Ga. 804 (22 S. E. 899).

2. The note in the present case showing upon its face that it was given for a patent right, the defendants were, as against the holder of the note, let into all of their defenses against the original payee. The evidence authorized a finding in their favor, and the trial judge did not abuse his discretion in refusing a new trial. Judgment affirmed.

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Russell, J.

1. This court has no power to decide questions which were not raised in the lower court; and, .consequently, the objections to the pleadings must be treated as having been waived. Ward v. Frick Company, 95 Ga. 804 (22 S. E. 899).

2. The note in the present case showing upon its face that it was given for a patent right, the defendants were, as against the holder of the note, let into all of their defenses against the original payee. The evidence authorized a finding in their favor, and the trial judge did not abuse his discretion in refusing a new trial. Judgment affirmed.

First National Bank v. Jones, 76 S.E. 1042, 12 Ga. App. 158, 1913 Ga. App. LEXIS 479 (Ga. Ct. App. 1913).

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Opinion

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