Wright v. State

Court of Appeals of Georgia

Wright v. State

26 S.E.2d 492, 69 Ga. App. 694, 1943 Ga. App. LEXIS 170

CourtCourt of Appeals of Georgia

DecidedJuly 16, 1943

Docket30147.

StatusPublished

Cited by1 cases

This text of 26 S.E.2d 492 (Wright v. State) 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

Wright v. State, 26 S.E.2d 492, 69 Ga. App. 694, 1943 Ga. App. LEXIS 170 (Ga. Ct. App. 1943).

Pincite

Opinion

Broyles, C. J.

1. “No cause shall be carried to the Supreme Court or Court of Appeals upon any bill of exceptions while the same is pending in the court below, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause or final as to some material party thereto.” Code, § 6-701.

2. “Where a case vras carried to the superior court by certiorari, the answer of the justice of the peace traversed, verdict rendered against the traverse, and a motion for new trial made and overruled, a writ of error did not lie, as the main case was still pending, and it would not have been finally disposed of had a new trial been granted.” DuVall v. Brogden, 123 Ga. 411 (51 S. E. 404).

3. Applying the above-stated rulings to the facts of the instant case, the bill of exceptions contained no assignment of error upon any final judgment.

Writ of error dismissed.

MacIntyre and Gardner, JJ., concur.

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