South Georgia Ice Co. v. Denby

164 S.E. 471, 45 Ga. App. 368, 1932 Ga. App. LEXIS 325
CourtCourt of Appeals of Georgia
DecidedJune 15, 1932
Docket22314
StatusPublished

This text of 164 S.E. 471 (South Georgia Ice Co. v. Denby) 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
South Georgia Ice Co. v. Denby, 164 S.E. 471, 45 Ga. App. 368, 1932 Ga. App. LEXIS 325 (Ga. Ct. App. 1932).

Opinion

Broyles, C. J.

1. The denial of a motion to dismiss a plaintiff’s petition (such a motion being of the nature of a general demurrer) can not be a ground of a motion for a new trial. In order for this court to be able to pass upon such a judgment, error thereon must be specifically-assigned in the bill of exceptions. This ruling disposes of the first special ground of the motion for a new trial.

2. None of the remaining special grounds of the motion (complaining of the admission of certain specified testimony) is complete and understandable within itself. To determine whether any one of these grounds shows reversible error, this court would be obliged to refer to the brief of the evidence or to other portions of the record.

3. The verdict was authorized by the evidence, and the refusal to grant a new trial was not error.

Judgment affirmed.

Luke, J., concurs. Bloodworth, J., absent on account of illness.

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Bluebook (online)
164 S.E. 471, 45 Ga. App. 368, 1932 Ga. App. LEXIS 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-georgia-ice-co-v-denby-gactapp-1932.