Willis v. Daniel

Court of Appeals of Georgia

Willis v. Daniel

148 S.E. 301, 39 Ga. App. 670, 1929 Ga. App. LEXIS 498

CourtCourt of Appeals of Georgia

DecidedMay 14, 1929

Docket19599

StatusPublished

Cited by8 cases

This text of 148 S.E. 301 (Willis v. Daniel) 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

Willis v. Daniel, 148 S.E. 301, 39 Ga. App. 670, 1929 Ga. App. LEXIS 498 (Ga. Ct. App. 1929).

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Opinion

Bloodwokth, J.

“The court is without jurisdiction to entertain a bill of exceptions which fails to except to a final judgment. The mere fact that the record discloses a final judgment in favor of the defendant in error does not change the rule.” Southern Ry. Co. v. Floyd County, 37 Ga. App. 689, 691 (141 S. E. 497), and cit. “A hill of exceptions can not he maintained where the only exception therein is to a judgment disallowing an amendment to the answer of the defendant. This is true notwithstanding a recital in the bill of exceptions that the case proceeded to judgment in favor of the plaintiff.” Cheney v. Corbitt Motor-Truck Co., 36 Ga. App. 590 (137 S. E. 412). In tire instant case there is no exception to a final judgment, and under the rulings in the above eases, the writ of error must be and is

Dismissed.

Broyles, C. J., and Luke, J., concur.

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Bloodwokth, J.

“The court is without jurisdiction to entertain a bill of exceptions which fails to except to a final judgment. The mere fact that the record discloses a final judgment in favor of the defendant in error does not change the rule.” Southern Ry. Co. v. Floyd County, 37 Ga. App. 689, 691 (141 S. E. 497), and cit. “A hill of exceptions can not he maintained where the only exception therein is to a judgment disallowing an amendment to the answer of the defendant. This is true notwithstanding a recital in the bill of exceptions that the case proceeded to judgment in favor of the plaintiff.” Cheney v. Corbitt Motor-Truck Co., 36 Ga. App. 590 (137 S. E. 412). In tire instant case there is no exception to a final judgment, and under the rulings in the above eases, the writ of error must be and is

Dismissed.

Broyles, C. J., and Luke, J., concur.

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Bluebook (online)

148 S.E. 301, 39 Ga. App. 670, 1929 Ga. App. LEXIS 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-daniel-gactapp-1929.

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