McElroy v. McElroy

Court of Appeals of Georgia

McElroy v. McElroy

133 S.E. 879, 35 Ga. App. 550, 1926 Ga. App. LEXIS 973

CourtCourt of Appeals of Georgia

DecidedJune 18, 1926

Docket16881

StatusPublished

This text of 133 S.E. 879 (McElroy v. McElroy) 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

McElroy v. McElroy, 133 S.E. 879, 35 Ga. App. 550, 1926 Ga. App. LEXIS 973 (Ga. Ct. App. 1926).

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Opinion

Bell, J.

1. As to the exceptions to the judgment of nonsuit, this case is controlled in principle by the decision rendered by this court in the recent case of Williams v. McElroy, 35 Ga. App. 420 (133 S. E. 297). The court erred in granting the nonsuit.

2. The bill of exceptions contains exceptions to the rejection of certain evidence, but the brief of counsel for plaintiff in error says nothing in reference thereto except that they “are sufficiently technical to invoke a ruling by this court as to the propriety of the same,” and that “they are sufficiently technical, regardless, to invoke such a ruling.” This amounts to nothing more than a contention that the exceptions are in proper form. It constitutes no. sort of insistence that they ought to be sustained, and they will be treated as abandoned.

Judgment reversed.

Jenkins, P. J., and Stephens, J., concur.

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Bell, J.

1. As to the exceptions to the judgment of nonsuit, this case is controlled in principle by the decision rendered by this court in the recent case of Williams v. McElroy, 35 Ga. App. 420 (133 S. E. 297). The court erred in granting the nonsuit.

2. The bill of exceptions contains exceptions to the rejection of certain evidence, but the brief of counsel for plaintiff in error says nothing in reference thereto except that they “are sufficiently technical to invoke a ruling by this court as to the propriety of the same,” and that “they are sufficiently technical, regardless, to invoke such a ruling.” This amounts to nothing more than a contention that the exceptions are in proper form. It constitutes no. sort of insistence that they ought to be sustained, and they will be treated as abandoned.

Judgment reversed.

Jenkins, P. J., and Stephens, J., concur.

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Bluebook (online)

133 S.E. 879, 35 Ga. App. 550, 1926 Ga. App. LEXIS 973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcelroy-v-mcelroy-gactapp-1926.

Opinion

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