Jones v. Naftel Dry Goods Co.

Court of Appeals of Georgia

Jones v. Naftel Dry Goods Co.

155 S.E. 510, 42 Ga. App. 164, 1930 Ga. App. LEXIS 271

CourtCourt of Appeals of Georgia

DecidedOctober 7, 1930

Docket20592

StatusPublished

Cited by1 cases

This text of 155 S.E. 510 (Jones v. Naftel Dry Goods Co.) 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

Jones v. Naftel Dry Goods Co., 155 S.E. 510, 42 Ga. App. 164, 1930 Ga. App. LEXIS 271 (Ga. Ct. App. 1930).

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Opinion

Bloodworth, J.

The record shows that on March 26, 1930, this case came on to be tried in the city court of Bainbridge, and resulted in the directing of a verdict for the plaintiff. The defendant, on March 27, 1930, filed a motion for a new trial, a rule nisi was issued, service acknowledged thereon by opposing counsel, and the hearing of the motion set for May 5, 1930. It also appears from the record that on April 18, 1930, the defendant tendered and had signed and certified a bill of exceptions in the case, and that when the same was reached in this court a motion was made to dismiss the bill of exceptions, “because the same has for consideration the same errors assigned and complained of in the motion for a new trial which is undisposed of.” The motion to dismiss the bill of exceptions must be granted, as a case can not be brought to this court while it is pending in the court below. Gross v. Wilds, 21 Ga. App. 620 (94 S. E. 812) ; Duncan v. Duncan, 145 Ga. 424 (89 S. E. 486) ; Biggs v. Silvey, 140 Ga. 762 (79 S. E. 857).

Writ of error dismissed.

Broyles, G. J., and Luke, J., concur.

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Bloodworth, J.

The record shows that on March 26, 1930, this case came on to be tried in the city court of Bainbridge, and resulted in the directing of a verdict for the plaintiff. The defendant, on March 27, 1930, filed a motion for a new trial, a rule nisi was issued, service acknowledged thereon by opposing counsel, and the hearing of the motion set for May 5, 1930. It also appears from the record that on April 18, 1930, the defendant tendered and had signed and certified a bill of exceptions in the case, and that when the same was reached in this court a motion was made to dismiss the bill of exceptions, “because the same has for consideration the same errors assigned and complained of in the motion for a new trial which is undisposed of.” The motion to dismiss the bill of exceptions must be granted, as a case can not be brought to this court while it is pending in the court below. Gross v. Wilds, 21 Ga. App. 620 (94 S. E. 812) ; Duncan v. Duncan, 145 Ga. 424 (89 S. E. 486) ; Biggs v. Silvey, 140 Ga. 762 (79 S. E. 857).

Writ of error dismissed.

Broyles, G. J., and Luke, J., concur.

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Bluebook (online)

155 S.E. 510, 42 Ga. App. 164, 1930 Ga. App. LEXIS 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-naftel-dry-goods-co-gactapp-1930.

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