Supreme Court of Georgia, 1903

Hill v. Lundy

Hill v. Lundy
Supreme Court of Georgia · Decided May 30, 1903 · Candler
118 Ga. 93; 44 S.E. 830; 1903 Ga. LEXIS 460
Hill v. Lundy

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Opinion of the Court

Candler, J.

1. It is not a proper ground of a motion for a new trial that the judge of the superior court, on the trial of an appeal from a county court, refused, on motion, to dismiss the appeal, or to dismiss the petition of one of the parties thereto. The error, if any, should he made the subject of a direct exception. Heery v. Burkhalter, 113 Ga. 1043, and cases cited.

2. The verdict was supported by the evidence, and it was not erroneous to overrule the motion for a new trial.

Judgment affirmed.

By five Justices.

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