168 Ga. 269 | Ga. | 1929
This is the second appearance of this case in this court. Its previous appearance is reported in 165 Go,. 198 (140 S. E. 501). At that time the exception was to the judgment in overruling demurrers to the petition brought by "W". M. Collins against Vienna Collins, to set aside and annul a compromise between the parties of Vienna Collins’s suit for alimony then pending in the superior court of Lamar County. This court affirmed the judgment overruling the demurrers to the petition. The allegations of fact upon which the suit of the plaintiff W. M. Collins was based are fully set forth in Collins v. Collins, supra, and need not be repeated. In ruling upon the validity of the facts alleged to withstand the demurrers by which the petition was assailed, this
Upon the trial now sub judice the testimony in behalf of the plaintiff tended to establish the allegations of the petition. However, the testimony of the defendant was to the effect that she did not tell the plaintiff before her intermarriage with him that her former husband was dead, but instead told him the truth, that she had had a former husband, that she had not heard of him for more
However, in the state of the record this court is unable to pass upon the question to which we have just adverted. There is no assignment of error in 'the motion for a new trial raising the point that the court erred in directing a verdict because there were questions of fact which should have been submitted to the jury. The grounds of the motion for a new trial stating that the verdict was contrary to the evidence, contrary to law and the principles of justice and equity, do not present the point. Gilliard v. Johnston, 161 Ga. 17 (129 S. E. 434); Kearce v. Davis, 165 Ga. 168 (140 S. E. 287). The only exception to the direction of the verdict is contained in the bill of exceptions. As no exceptions to the direction of the verdict were preserved pendente lite, the excep
Judgment affirmed.