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39 Ga. App. 670

Willis v. Daniel

Court of Appeals of Georgia

Decided May 14, 1929

Court of Appeals of Georgia · decided 1929-05-14

Relies on 36 Ga. App. 590 - Cheney v. Corbitt Motor-Truck Co. · Southern Railway Co. v. Floyd County

Good law ✅— No negative treatment on recordhow we know

Decided 1929-05-14

How this case has been cited

Cited by 9 later decisions — most recently November 1961

9 state decisions

4019291930194019501960decided

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.

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Bloodwokth, J.

¶1“The court is without jurisdiction to entertain a bill of exceptions which fails to except to a final judgment. The mere fact that the record discloses a final judgment in favor of the defendant in error does not change the rule.” Southern Ry. Co. v. Floyd County, 37 Ga. App. 689, 691 (141 S. E. 497), and cit. “A hill of exceptions can not he maintained where the only exception therein is to a judgment disallowing an amendment to the answer of the defendant. This is true notwithstanding a recital in the bill of exceptions that the case proceeded to judgment in favor of the plaintiff.” Cheney v. Corbitt Motor-Truck Co., 36 Ga. App. 590 (137 S. E. 412). In tire instant case there is no exception to a final judgment, and under the rulings in the above eases, the writ of error must be and is

¶2Dismissed.

Broyles, C. J., and Luke, J., concur.
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