Strickland v. Strickland

Supreme Court of Georgia

Strickland v. Strickland

100 S.E.2d 460, 213 Ga. 588, 1957 Ga. LEXIS 452

CourtSupreme Court of Georgia

DecidedOctober 15, 1957

Docket19826

StatusPublished

Cited by4 cases

This text of 100 S.E.2d 460 (Strickland v. Strickland) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Strickland v. Strickland, 100 S.E.2d 460, 213 Ga. 588, 1957 Ga. LEXIS 452 (Ga. 1957).

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Opinion

Candler, Justice.

In this litigation the jury granted a divorce to each of the parties. In due time the defendant moved for a new trial and later amended her motion by adding five special grounds. Her amended motion was denied, and there is no exception to that judgment. The bill of exceptions assigns error on the verdict and the divorce judgment as being contrary to law and to the evidence. There is a motion to dismiss the writ of error for want of any valid assignment of error. Held:

“There is no provision in law for setting aside a verdict except upon a motion for a new trial, or a motion equivalent to a motion for a new trial, except as provided in the Code of 1933, § 6-804.” New York Life Ins. Co. v. Cook, 182 Ga. 409 (1) (186 S. E. 711); Lucas v. Lucas, 179 Ga. 821 (177 S. E. 684); Lovelace v. Lovelace, 179 Ga. 822 (177 S. E. 686), and the cases there cited. While there was a motion for new trial in this case, which attacked the validity of the verdict on several different grounds, there is no' exception to> the judgment overruling it, and the case stands before this court just as if no motion for new trial had been made. Hence, the writ of error presents'no question for review, and the motion to dismiss it must be granted. See Citizens Banking Co. v. Paris, 119 Ga. 517 (46 S. E. 638); Winn v. State, 124 Ga. 811 (53 S. E. 318); Downer v. State, 178 Ga. 185 (172 S. E. 463); Simmons v. State, 42 Ga. App. 289 (155 S. E. 784) Code § 6-901.

Writ of error dismissed.

All the Justices concur.

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Candler, Justice.

In this litigation the jury granted a divorce to each of the parties. In due time the defendant moved for a new trial and later amended her motion by adding five special grounds. Her amended motion was denied, and there is no exception to that judgment. The bill of exceptions assigns error on the verdict and the divorce judgment as being contrary to law and to the evidence. There is a motion to dismiss the writ of error for want of any valid assignment of error. Held:

“There is no provision in law for setting aside a verdict except upon a motion for a new trial, or a motion equivalent to a motion for a new trial, except as provided in the Code of 1933, § 6-804.” New York Life Ins. Co. v. Cook, 182 Ga. 409 (1) (186 S. E. 711); Lucas v. Lucas, 179 Ga. 821 (177 S. E. 684); Lovelace v. Lovelace, 179 Ga. 822 (177 S. E. 686), and the cases there cited. While there was a motion for new trial in this case, which attacked the validity of the verdict on several different grounds, there is no' exception to> the judgment overruling it, and the case stands before this court just as if no motion for new trial had been made. Hence, the writ of error presents'no question for review, and the motion to dismiss it must be granted. See Citizens Banking Co. v. Paris, 119 Ga. 517 (46 S. E. 638); Winn v. State, 124 Ga. 811 (53 S. E. 318); Downer v. State, 178 Ga. 185 (172 S. E. 463); Simmons v. State, 42 Ga. App. 289 (155 S. E. 784) Code § 6-901.

Writ of error dismissed.

All the Justices concur.

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Bluebook (online)

100 S.E.2d 460, 213 Ga. 588, 1957 Ga. LEXIS 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strickland-v-strickland-ga-1957.

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