Collins v. Carr
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Lumpkin, P. J.
1. 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.
2. 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.
Writ 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.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 12 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.