Supreme Court of Georgia, 1910

Johnson v. Ware

Supreme Court of Georgia · Decided November 18, 1910 · Atkinson

135 Ga. 365; 69 S.E. 481; 1910 Ga. LEXIS 531

Cases that cite this one

4 later published cases cite this decision.

Franklin Buggy Co. v. Carter (Ga. Ct. App. 1918)
Wilkinson v. State (Ga. Ct. App. 1916)
Noll v. Nolan (Ga. 1911)
Sparks Milling Co. v. Western Union Telegraph Co. (Ga. Ct. App. 1911)

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

Atkinson, J.

1. A ground of a motion for new trial which complains of a ruling under which certain evidence was., admitted, But which fails to disclose what objection, if any, was interposed to its admissibility at *366tlie time it was offered, can not be considered. Smith v. Smith, 133 Ga. 170 (3) (65 S. E. 414).

November 18, 1910.

Action, for penalty. Before Judge Littlejohn. Stewart superior court. December 27, 1909.

W. H. Gurr and E. T. Hickey, for plaintiff in error.

2. An attack upon a statute as unconstitutional, made for the first time in the brief of counsel in the Supreme Court, will not be considered. In this connection see Savannah, Florida & Western Ry. Co. v. Hardin, 110 Ga. 433 (35 S. E. 681).

3. The evidence was conflicting, but sufficient to support the verdict; and there was no error in refusing to grant a new trial.

Judgment affirmed.

All the Justices concur.'

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