Supreme Court of Georgia, 1901

Duke v. Story

Duke v. Story
Supreme Court of Georgia · Decided March 27, 1901 · Lumpkin
113 Ga. 112; 38 S.E. 337; 1901 Ga. LEXIS 172
Duke v. Story

Cases that cite this one

17 later published cases cite this decision.

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Opinion of the Court

Lumpkin, P. J.

An action was brought by Story and others against M. N. Duke, to which M. J. Duke Was subsequently made a party defendant. A trial was had, a verdict for the plaintiffs was returned, and a judgment was entered thereon. The Dukes sued out a bill of exceptions alleging error in the rendition of this judgment. It appears, however, that they also filed a motion for a new trial, which was still pending when the bill of exceptions was certified. The case is therefore prematurely here, and the writ of error must be dismissed. Mitchell v. Tomlin, 64 Ga. 368; Williams v. Jones, 69 Ga. 277, s. c. Id. 757: McLendon v. W. & A. R. Co., 85 Ga. 129. Writ of error dismissed.

All the Justices concurring.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.