Kimball v. Williams & McCurdy
Cases that cite this one
19 later published cases cite this decision.
- Garland v. State of Georgia (Ga. Ct. App. 1960)
- Byers v. City of Atlanta (Ga. Ct. App. 1947)
- Kimbell v. Moreland (Ga. Ct. App. 1947)
- Johnson v. Lowry (Ga. 1931)
- Porcher v. Harvley (Ga. Ct. App. 1922)
- Charleston & Western Carolina Railway Co. v. Cottonseed Oil Co. (Ga. Ct. App. 1918)
- Holland v. Holland (Ga. 1917)
- Horkan v. City of Moultrie (Ga. 1916)
- Lamar, Taylor & Riley Drug Co. v. Southern School Book Co. (Ga. Ct. App. 1916)
- Duren v. First National Bank (Ga. Ct. App. 1916)
- Willingham v. Cedartown Supply Co. (Ga. Ct. App. 1912)
- Patterson v. Beck (Ga. 1910)
- Wade v. Watson (Ga. 1909)
- Kennedy v. Rumble (Ga. Ct. App. 1908)
- Neal Loan & Banking Co. v. Wright (Ga. 1902)
- City of Fitzgerald v. Merchants & Planters Bank (Ga. 1901)
- Wheeler v. Worley (Ga. 1900)
- Papworth v. City of Fitzgerald (Ga. 1900)
- Collins v. Carr (Ga. 1900)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This case was submitted to the presiding judge for decision without the intervention of a jury. A judgment was rendered in favor of the plaintiffs. The defendant’s bill of exceptions makes no lawful assignment of error, the only attempt to do so being as follows: “To which ruling and judgment.the said defendant excepted and now assigns the same as error.” This language is entirely too general, and does not properly present any question for determination by this court. Accordingly, the writ of error must be dismissed. See Fidelity & Deposit Co. v. Anderson, 102 Ga. 551, and cases there cited; Peavyy. Atkinson, ante, 167. The rule laid down in the above-cited cases is none the less applicable because this case was submitted upon an agreed statement of facts. The statutory requirement that alleged errors shall be plainly and distinctly pointed out is imperative and applies to all cases.
Writ of errpr dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.