Hall County v. Hulsey
This text of 26 Ga. App. 603 (Hall County v. Hulsey) 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.
Opinion
1. The motion to dismiss the writ of error is denied.
2. This being the first grant of a new trial, and the evidence, including the alleged newly discovered evidence, not demanding the verdict returned, this court will not interfere.
3. The defendant brought the case- here, complaining of the first grant of a new trial, and also assigning error upon exceptions pendente lite to interlocutory rulings, including exceptions to the allowance-of amendments to the plaintiff’s petition and to the overruling of general and special demurrers to the petition. The judgment granting a new trial being affirmed, the case is still pending in the lower court, and this court cannot now consider and determine the questions made by the pendente-lite exceptions. Armour v. Burkhalter, 130 Ga. 370 (60 S. E. 850), and citations.
Judgment affirmed.
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26 Ga. App. 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-county-v-hulsey-gactapp-1920.