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Johnson v. Ware

Johnson v. Ware, 69 S.E. 481 (Ga. 1910)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
November 18, 1910
Judges
Atkinson
Citations
69 S.E. 481135 Ga. 3651910 Ga. LEXIS 531
Summary
Action, for penalty. Before Judge Littlejohn. Stewart superior court. December 27, 1909.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Atkinson

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Atkinson, J.

1. A ground of a motion for new trial which complains of a ruling under which certain evidence was., admitted, But which fails to disclose what objection, if any, was interposed to its admissibility at *366 tlie time it was offered, can not be considered. Smith v. Smith, 133 Ga. 170 (3) ( 65 S. E. 414 ).

November 18, 1910. Action, for penalty. Before Judge Littlejohn. Stewart superior court. December 27, 1909. W. H. Gurr and E. T. Hickey, for plaintiff in error.

2. An attack upon a statute as unconstitutional, made for the first time in the brief of counsel in the Supreme Court, will not be considered. In this connection see Savannah, Florida & Western Ry. Co. v. Hardin, 110 Ga. 433 ( 35 S. E. 681 ).

3. The evidence was conflicting, but sufficient to support the verdict; and there was no error in refusing to grant a new trial.

Judgment affirmed.

All the Justices concur.'

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1911: 21916: 11918: 119112026peak 1911 · 2

Relies on it most ⓘ

  1. Noll v. Nolan70 S.E. 577 (Ga. 1911)
  2. Wilkinson v. State89 S.E. 460 (Ga. Ct. App. 1916)
  3. Franklin Buggy Co. v. Carter94 S.E. 820 (Ga. Ct. App. 1918)
  4. Sparks Milling Co. v. Western Union Telegraph Co.72 S.E. 179 (Ga. Ct. App. 1911)

Most recent

  1. Franklin Buggy Co. v. Carter94 S.E. 820 (Ga. Ct. App. 1918)
  2. Wilkinson v. State89 S.E. 460 (Ga. Ct. App. 1916)
  3. Sparks Milling Co. v. Western Union Telegraph Co.72 S.E. 179 (Ga. Ct. App. 1911)
  4. Noll v. Nolan70 S.E. 577 (Ga. 1911)

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.

Authorities cited 2

DepthCaseCited by
Savannah, Fla. & Western Ry. Co. v. Hardin, 35 S.E. 681 (Ga. 1900) 34
Smith v. Smith, 65 S.E. 414 (Ga. 1909) 27

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