Collins v. Carr

Supreme Court of Georgia
Collins v. Carr, 111 Ga. 867 (Ga. 1900)
36 S.E. 959; 1900 Ga. LEXIS 856
Lumpkin

Collins v. Carr

Opinion of the Court

Lumpkin, P. J.

1. The Supreme Court has no authority to “decide any question unless it is made by a special assignment of error in the bill of exceptions.” Civil Code, $ 5584.

2. A bill of exceptions which, after setting forth a judgment rendered by the presiding judge in a case submitted to him for decision without a jury, merely adds : “To which decision of the court the defendant excepted, and now excepts and assigns the same as error,” does not contain a special assignment of error, and consequently does not present any question which this court can lawfully consider. Fidelity & Deposit Co. v. Anderson, 102 Ga. 551, and cases cited ; Henslee v. Henslee, 102 Ga. 554 ; Peavy v. Atkinson, 108 Ga. 167; Kimball v. Williams, 108 Ga. 812; Wheeler v. Worley, 110 Ga. 513; Warren v. Oliver, ante, 808.

Writ of error dismissed.

All the Justices concurring.Practice in the Supreme Court.Hunt & Merritt and J. A. Harley, for plaintiff in error. W. H. Burwell, L. C. Culver, and R. H. Leivis, contra.

Reference

Cited By
12 cases
Status
Published