Jones v. Poole

Georgia Court of Appeals
Jones v. Poole, 5 Ga. App. 113 (1908)
62 S.E. 711; 1908 Ga. App. LEXIS 27
Russell

Jones v. Poole

Opinion of the Court

Russell, J.

1. This case is practically identical as to its facts with that of Anderson v. Hall, 3 Ga. App. 555 (60 S. E. 294) ; and the writ of error must be dismissed. There is no exception to a final judgment in the court below. It does not appear from the record that a final judgment was rendered. Furthermore, the exceptions to the refusal of the amendment were not preserved pendente lite, nor would a different result have been reached had the trial judge allowed the amendment.

2. This court is without jurisdiction to consider a direct bill of exceptions to a ruling made pendente lite, unless there be at least a general exception to the final judgment. Lyndon v. Ga. Ry. & Elec. Co., 129 Ga. 361 (58 S. E. 1047).

3. When a writ of error is dismissed in this court, damages for delay are not recoverable. Writ of error dismissed.

Reference

Cited By
4 cases
Status
Published