Lyon v. Payne

Court of Appeals of Georgia

Lyon v. Payne

111 S.E. 226, 28 Ga. App. 246

CourtCourt of Appeals of Georgia

DecidedFebruary 22, 1922

Docket12261

StatusPublished

This text of 111 S.E. 226 (Lyon v. Payne) 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

Lyon v. Payne, 111 S.E. 226, 28 Ga. App. 246 (Ga. Ct. App. 1922).

Pincite

Opinion

Stephens, J.

1. The bill of exceptions in this case complains only oí the overruling of a motion to dismiss the defendant’s motion for a new trial. The judgment overruling the motion for a new trial having this day been affirmed by the Court of Appeals (Payne v. Lyon, post 246), the questions raised in the motion to dismiss the motion, for a new trial have therefore become moot, and it would be futile and of no avail for this court to consider such questions and render a decision thereon.

Writ of error dismissed.

Jenkins, P. J., concurs. Sill, J., absent on account of illness.

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Stephens, J.

1. The bill of exceptions in this case complains only oí the overruling of a motion to dismiss the defendant’s motion for a new trial. The judgment overruling the motion for a new trial having this day been affirmed by the Court of Appeals (Payne v. Lyon, post 246), the questions raised in the motion to dismiss the motion, for a new trial have therefore become moot, and it would be futile and of no avail for this court to consider such questions and render a decision thereon.

Writ of error dismissed.

Jenkins, P. J., concurs. Sill, J., absent on account of illness.

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Bluebook (online)

111 S.E. 226, 28 Ga. App. 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyon-v-payne-gactapp-1922.