Jones v. Poole

Court of Appeals of Georgia

Jones v. Poole

62 S.E. 711, 5 Ga. App. 113, 1908 Ga. App. LEXIS 27

CourtCourt of Appeals of Georgia

DecidedNovember 10, 1908

Docket1108

StatusPublished

Cited by4 cases

This text of 62 S.E. 711 (Jones v. Poole) 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. Poole, 62 S.E. 711, 5 Ga. App. 113, 1908 Ga. App. LEXIS 27 (Ga. Ct. App. 1908).

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Opinion

Russell, J.

1. This case is practically identical as to its facts with that of Anderson v. Hall, 3 Ga. App. 555 (60 S. E. 294) ; and the writ of error must be dismissed. There is no exception to a final judgment in the court below. It does not appear from the record that a final judgment was rendered. Furthermore, the exceptions to the refusal of the amendment were not preserved pendente lite, nor would a different result have been reached had the trial judge allowed the amendment.

2. This court is without jurisdiction to consider a direct bill of exceptions to a ruling made pendente lite, unless there be at least a general exception to the final judgment. Lyndon v. Ga. Ry. & Elec. Co., 129 Ga. 361 (58 S. E. 1047).

3. When a writ of error is dismissed in this court, damages for delay are not recoverable. Writ of error dismissed.

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Russell, J.

1. This case is practically identical as to its facts with that of Anderson v. Hall, 3 Ga. App. 555 (60 S. E. 294) ; and the writ of error must be dismissed. There is no exception to a final judgment in the court below. It does not appear from the record that a final judgment was rendered. Furthermore, the exceptions to the refusal of the amendment were not preserved pendente lite, nor would a different result have been reached had the trial judge allowed the amendment.

2. This court is without jurisdiction to consider a direct bill of exceptions to a ruling made pendente lite, unless there be at least a general exception to the final judgment. Lyndon v. Ga. Ry. & Elec. Co., 129 Ga. 361 (58 S. E. 1047).

3. When a writ of error is dismissed in this court, damages for delay are not recoverable. Writ of error dismissed.

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Bluebook (online)

62 S.E. 711, 5 Ga. App. 113, 1908 Ga. App. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-poole-gactapp-1908.

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