From Casetext: Smarter Legal Research

Carter v. Langdale Company

Supreme Court of Georgia
Apr 20, 1962
125 S.E.2d 487 (Ga. 1962)

Opinion

21609.

ARGUED APRIL 10, 1962.

DECIDED APRIL 20, 1962.

Complaint for land. Echols Superior Court. Before Judge Lilly.

A. W. Touchton, for plaintiffs in error.

C. J. Taylor, John W. Langdale, J. Lundie Smith, contra.


In the instant case, each of the parties moved for a summary judgment after they had introduced evidence in support of their respective contentions. The trial judge found and held that the pleadings and the evidence showed no genuine issue as to any material fact, and that the defendant was entitled to a judgment in its favor as a matter of law; and such a judgment was accordingly granted. The bill of exceptions contains two assignments of error. One complains about the denial of the plaintiff's motion to strike a portion of the defendant's answer, the exception to which is as follows: ". . . to which ruling plaintiff excepted, now excepts and assigns the same as error." The other complains about the order granting a summary judgment in defendant's favor, the exception to which is as follows: ". . . to which judgment plaintiff excepted, now excepts and assigns same as error." Under numerous decisions of this court, these assignments of error are too general and indefinite to raise any question for decision. For some of the cases so holding, see Wade v. Watson, 133 Ga. 608 (2), 614 ( 66 S.E. 922); Adams v. May, 145 Ga. 234 ( 88 S.E. 928); Price v. Stewart, 209 Ga. 532 ( 74 S.E.2d 458), and the cases there cited.

Writ of error dismissed. All the Justices concur.

ARGUED APRIL 10, 1962 — DECIDED APRIL 20, 1962.


Summaries of

Carter v. Langdale Company

Supreme Court of Georgia
Apr 20, 1962
125 S.E.2d 487 (Ga. 1962)
Case details for

Carter v. Langdale Company

Case Details

Full title:CARTER et al. v. THE LANGDALE COMPANY

Court:Supreme Court of Georgia

Date published: Apr 20, 1962

Citations

125 S.E.2d 487 (Ga. 1962)
125 S.E.2d 487

Citing Cases

Sirmons v. Banks

The brief summary we have made of the order of the judge indicates that numerous assignments of error might…

Grant v. Charles S. Martin Distributing Company

So, where the decision complained of is not one either granting or denying a motion for a new trial, and…