18 Ga. App. 778 | Ga. Ct. App. | 1916
1. An assignment of error that a verdict is contrary to the charge of the court, or to a portion thereof, is in effect merely an assignment that the verdict is contrary to law, and presents no question for decision. Roberts v. Keeler, 111 Ga. 181 (6), 184 (36 S. E. 617); Wight v. Schmidt, 111 Ga. 858 (36 S. E. 937); Napier v. Burkett, 113 Ga. 607 (38 S. E. 941); Fryer v. State, 12 Ga. App. 533 (77 S. E. 830); Lamb v. McHan, 17 Ga. App. 5 (86 S. E. 252); McKelvin v. State, 17 Ga. App. 413 (87 S. E. 150),
3. It was contended that the court erred in ruling out certain evidence of the plaintiff, consisting of the testimony of two witnesses, which is set forth in the motion for a new trial in seven typewritten pages, by question and answer. The assignment of error is as follows: “The court committed error in ruling out the following material evidence for the plaintiff,” set out. “Movant shows that the said evidence was material, admissible, and relevant to show the extent of authority of W. S. Eiley [the husband] in the exercising and handling of the properties of Mrs. Elorence E. Eiley [the wife], on the part of the agent W. S. Eiley; and for these reasons a new trial should be granted.” A general complaint that the trial judge committed error in rejecting specified evidence referred to as a whole is not good, if any of it was inadmissible. “A complaint of this general nature, as has been repeatedly ruled, can not be held good unless all of the testimony to
4. The verdict is authorized by the evidence.
Judgment affirmed.