57 Ga. App. 893 | Ga. Ct. App. | 1938
“If no exception be taken at the trial, no point made, and the opinion of the court not invoked and not given, there has been no decision, sentence, judgment, or decree of a superior court rendered upon the point; and therefore, by the organic law of this court, we have no right to review the proceeding.” Burtine v. State, 18 Ga. 534, 537.
The question of the sufficiency of the description of the property in dispute as alleged in the dispossessory warrant was not raised in the lower court and is raised for the first time in the brief of the plaintiff in error. This question not being raised in the trial court can not be raised for the first time in the Court of Appeals. Wyche v. Greene, 16 Ga. 49; Groover v. Simmons, 161 Ga. 93 (3) (129 S. E. 778); Hudson v. Devlin, 28 Ga. App. 459 (7) (111 S. E. 677); Harrell v. Taylor, 24 Ga. App. 288 (100 S. E. 724); Bass v. African Methodist Episcopal Church, 155 Ga. 57, 59 (116 S. E. 816); Rogers Inc. v. Sutton, 44 Ga. App. 477 (162 S. E. 519).
The plaintiff testified that she was living with her father on certain described premises (a house and lot), obtained from him a deed thereto, went into possession - of the property, and
The Code, § 70-205, prescribes: '“When a motion for new
Judgment affirmed.