160 Ga. 813 | Ga. | 1925
The Court of Appeals certified the following question: “Where, in a'vendor’s action for damages growing out of an alleged breach of contract by the vendee in refusing to accept a portion of the goods contracted for, exceptions of law and exceptions of fact to the report of an auditor have been filed by the defendant, and where, after the trial judge has determined the exceptions of law, the exceptions of fact, excepting to the findings
Where in an action at law there has been a trial involving the investigation and decision of matters of fact in issue between the parties, and that trial has taken place in a court authorized to grant new trials, the party against whom the verdict of the jury is returned may make a motion for a new trial within the time prescribed by law, in which motion he may raise questions as to the sufficiency of the evidence to authorize the verdict, questions as to the correctness of the court’s rulings in excluding or admitting evidence, and other questions as to errors which it is contended had been committed prior to the verdict, such as alleged errors in the charge, or in failing to give written requests to charge, etc.; and where upon hearing the motion for a new trial the court below refuses to grant it, the movant may have his bill of exceptions, and by writ of error carry the case to the Court of Appeals or the Supreme Court; and in his bill of exceptions taken to the judgment of the trial court denying a new trial, it is not necessary that he except to the judgment previously rendered.