Wilson & Co. v. Millner
Wilson & Company v. Millner
Opinion of the Court
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Luke, J. 1.
“ Where the issues of a ease are submitted to the judge, without the intervention of a jury, for his decision upon all matters of fact and of law, and he renders a judgment therein in term time, the losing party may review the judgment either by a direct bill of exceptions or by a motion for new trial.” Chance v. Simpkins, 146 Ga. 519 (1) ( 91 S. E. 773 ). Under this ruling, the motion to dismiss the bill of exceptions is denied.
2. The evidence demanded a finding for the plaintiff, and the court erred in rendering a judgment in favor of the defendant.
Judgment reversed.
Broyles, C. J., and Bloodworth, J., concur.
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