117 Ga. 42 | Ga. | 1903
The City of Baxley brought suit in the city court of Baxley against Graham and the sureties upon his official bond as marshal, and recovered a judgment for $100. The case is here upon a bill of exceptions sued out by the defendants, complaining of a judgment overruling a motion for a new trial, as well as of a judgment refusing to allow an amendment to'their plea; and upon .a bill of exceptions filed by the plaintiff, complaining of a judgment taxing it with a portion of the costs in the case.
It is further contended that the writ of error should be dismissed because the bill of exceptions assigns error upon judgments in two-cases. This ground is not well taken, for the reason that while error is assigned upon two judgments, each of them was rendered in the same case. There was no merit in that ground of the motion which complains that there was no proper assignment of error in the exceptions pendente lite.