Thompson v. Williams, White Bazemore, Inc.

Full title: THOMPSON v. WILLIAMS, WHITE BAZEMORE, INC

Court: Court of Appeals of Georgia

Date published: May 4, 1965

142 S.E.2d 426 (Ga. Ct. App. 1965)

142 S.E.2d 426

Opinion

41176.

SUBMITTED MARCH 1, 1965.

DECIDED MAY 4, 1965.

Appellate procedure. Houston Superior Court. Before Judge Aultman.

John P. Nixon, for plaintiff in error.

Aultman, Hulbert, Buice Cowart, R. Avon Buice, contra.

FELTON, Chief Judge.

1. The motion to amend the bill of exceptions so as to include an exception to the final judgment in the case is denied. Travis v. Gough, 181 Ga. 745 ( 184 S.E. 275) and Pierce v. Powell, 188 Ga. 481 ( 4 S.E.2d 192) are not authority for the grant of such a motion.

2. Where a case has been tried and a final judgment rendered, in the absence of an assignment of error on the final judgment this court does not have jurisdiction to review an antecedent ruling of the trial court rendered more than 30 days prior to the appeal, even though the bill of exceptions shows that the case has been tried in the court below and that a final judgment was rendered therein. Hope v. Hudgins, 107 Ga. App. 265 ( 129 S.E.2d 576) and cases cited.

Writ of error dismissed. Jordan and Russell, JJ., concur.

SUBMITTED MARCH 1, 1965 — DECIDED MAY 4, 1965.