Horn v. Daves

Court of Appeals of Georgia

Horn v. Daves

152 S.E. 909, 41 Ga. App. 380, 1930 Ga. App. LEXIS 612

CourtCourt of Appeals of Georgia

DecidedApril 21, 1930

Docket19949

StatusPublished

Cited by1 cases

This text of 152 S.E. 909 (Horn v. Daves) 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

Horn v. Daves, 152 S.E. 909, 41 Ga. App. 380, 1930 Ga. App. LEXIS 612 (Ga. Ct. App. 1930).

Pincite

Opinion

Bell, J.

1. A ruling of the court in striking a plea can not properly be assigned as error in a motion for a new trial; but direct exceptions should be taken, in order to obtain-a review of such ruling. Hawkins v. Studdard, 132 Ga. 265 (1) (63 S. E. 852), 131 Am. St. R. 190); Methodist Episcopal Church South v. Dudley Sash &c. Co., 137 Ga. 68 (3) (72 S. E. 480); Turner v. Spell Live Stock Co., 31 Ga. App. 343 (1, 2) (120 S. E. 786).

2. In this suit upon a note the defendant, after verdict and judgment for the plaintiff, filed a motion for a new trial in which error was assigned upon the action of the court in striking the answer of the defendant and in thereafter entering final judgment in favor of the plaintiff. The only exceptions presented to this court are to the judgment of the trial court overruling the motion for a new trial. Under the authorities cited above, there was no error in overruling the motion.

Judgment affirmed.

Jenlcins, P. J., and Stephens, J. concur.

Free access — add to your briefcase to read the full text and ask questions with AI