111 GA 867 - Collins v. Carr

How this case has been cited

Cited by 21 later decisions — most recently May 1953

21 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Lumpkin, P. J.

¶11. 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.

¶22. 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.

¶3Writ 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.