177 Ga. 886 | Ga. | 1933
An execution in favor of W. H. Born against B. W. Batchelor, administrator of estate of W. H. Batchelor, deceased, was levied upon described real estate in McRae, Georgia, as property of estate of W. H. Batchelor and found in possession of said administrator. Ed Batchelor, as next friend of Maud and Brady Batchelor, minor children of W. H. Batchelor, filed a statutory claim to the land. Upon the trial, after the plaintiff had introduced the fi. fa. with entry of levy,'the claimant introduced testimony identifying the land levied on as the property of the de
Aside from the general grounds as set forth in the original motion for a new trial, the only amendment to the motion was based on a ruling excluding certain evidence which had been offered upon the trial, to wit: a certified copy of the proceedings by the court of ordinary setting apart a year’s support to certain minors, of whom the claimant was next friend. Since the rejected evidence is not set out either literally or in substance in this ground of the motion for a new trial, or attached thereto as an exhibit, this ground is so incomplete that it will not be considered by this court. Molley v. Russell 174 Ga. 843 (4), 847 (164 S. E. 190).
Even if the evidence referred to above was legally admissible, the court did not err in directing the verdict, because the claimant had not shown any title whatever in the minors for whom he was next friend; and having merely shown title in the defendant by the introduction of a deed to him, this evidence merely strengthened the case of the plaintiff in fi, fa., since there was no testimony tend
In the bill of exceptions the plaintiff in error excepted directly to the exclusion of the evidence which was repelled, and completed this assignment of error by setting out the judgment of the court'of ordinary in full; but no exception pendente lite to this ruling had been certified by the judge and thereby preserved, and the bill of exceptions was presented more than thirty days after the ruling complained of, and more than thirty days after the motion for a new trial was overruled.
In view of the principles announced above, the court did not err in directing the verdict, or in overruling the motion for a new trial. Judgment affirmed.