Wade v. Penn

Court of Appeals of Georgia

Wade v. Penn

75 S.E.2d 845, 88 Ga. App. 20, 1953 Ga. App. LEXIS 996

CourtCourt of Appeals of Georgia

DecidedApril 11, 1953

Docket34600

StatusPublished

Cited by5 cases

This text of 75 S.E.2d 845 (Wade v. Penn) 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

Wade v. Penn, 75 S.E.2d 845, 88 Ga. App. 20, 1953 Ga. App. LEXIS 996 (Ga. Ct. App. 1953).

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Opinion

Carlisle, J.

1. A judgment withdrawing a case from the jury and granting a mistrial for an alleged injection of the defendant’s insurance coverage into the case leaves the case still pending in the trial court and is not subject to review in this court until there has been a final judgment in the case; and a bill of exceptions assigning error upon such judgment is premature and will be dismissed unless there be other questions for decision of which this court has jurisdiction. Oliveros v. State, 118 Ga. 776 (45 S. E. 596); Hill v. State, 118 Ga. 21 (44 S. E. 820); Starnes v. State, 138 Ga. 341 (75 S. E. 104).

2. A direct writ of error to this court does not lie from the refusal of the trial court to strike the defendant’s answer until there is a final judgment in the case. American Agricultural Chemical Co. v. Bank of Madison, 34 Ga. App. 62 (128 S. E. 208).

3. A writ of error does not lie to this court from the refusal of the trial court, after granting a mistrial, to proceed with the trial at the same term.

4. There being no other assignments of error in the bill of exceptions save those indicated above, the writ of error must be dismissed as premature.

Writ of error dismissed.

Gardner, P. J., and Townsend, J., concur.

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Carlisle, J.

1. A judgment withdrawing a case from the jury and granting a mistrial for an alleged injection of the defendant’s insurance coverage into the case leaves the case still pending in the trial court and is not subject to review in this court until there has been a final judgment in the case; and a bill of exceptions assigning error upon such judgment is premature and will be dismissed unless there be other questions for decision of which this court has jurisdiction. Oliveros v. State, 118 Ga. 776 (45 S. E. 596); Hill v. State, 118 Ga. 21 (44 S. E. 820); Starnes v. State, 138 Ga. 341 (75 S. E. 104).

2. A direct writ of error to this court does not lie from the refusal of the trial court to strike the defendant’s answer until there is a final judgment in the case. American Agricultural Chemical Co. v. Bank of Madison, 34 Ga. App. 62 (128 S. E. 208).

3. A writ of error does not lie to this court from the refusal of the trial court, after granting a mistrial, to proceed with the trial at the same term.

4. There being no other assignments of error in the bill of exceptions save those indicated above, the writ of error must be dismissed as premature.

Writ of error dismissed.

Gardner, P. J., and Townsend, J., concur.

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Bluebook (online)

75 S.E.2d 845, 88 Ga. App. 20, 1953 Ga. App. LEXIS 996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wade-v-penn-gactapp-1953.

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