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

CourtCourt of Appeals of Georgia

DecidedJanuary 22, 1913

Docket4520

StatusPublished

Cited by1 cases

This text of 76 S.E. 1042 (First National Bank v. Jones) 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

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

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.

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Bluebook (online)

76 S.E. 1042, 12 Ga. App. 158, 1913 Ga. App. LEXIS 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-v-jones-gactapp-1913.

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