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In re Henderson

271 S.E.2d 9, 155 Ga. App. 417, 1980 Ga. App. LEXIS 2606
Court of Appeals of Georgia·Decided July 7, 1980·No. 59853·Published

Opinion

Deen, Chief Judge.

Doyle R. Henderson brings this appeal from an order of the trial court finding him in contempt of court.

1. Appellant contends that the court erred in finding him in contempt where no proof of service of the subpoena on him was shown. At the hearing the trial judge stated: “It is already agreed that he didn’t show up and that he was duly subpoenaed and duly served. That is stipulated.” As appellant’s attorney did not object to this statement there is nothing for this court to review on appeal. Ron Eason Enterprises v. McColgan, 151 Ga. App. 106 (258 SE2d 761) (1979).

2. Appellant next complains that the trial court erred in finding him in contempt as no rule nisi was shown to have been served. As this issue was not raised in the court below, it may not be raised for the first time on appeal. Grant v. State, 148 Ga. App. 867 (253 SE2d 252) (1979).

Judgment affirmed.

Birdsong and Sognier, JJ., concur.

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In re Henderson, 271 S.E.2d 9, 155 Ga. App. 417, 1980 Ga. App. LEXIS 2606 (Ga. Ct. App. 1980).

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Related

Ron Eason Enterprises, Inc. v. McColgan
258 S.E.2d 761 (Court of Appeals of Georgia, 1979)
Grant v. State
253 S.E.2d 252 (Court of Appeals of Georgia, 1979)