99 S.E.2d 905 | Ga. | 1957
MILLER et al.
v.
COLEMAN et al.
Supreme Court of Georgia.
Shelby Myrick, Ralph L. Crawford, for plaintiffs in error.
Frank S. Cheatham, Jr., contra.
HEAD, Justice.
1. "If a judgment or decree is erroneous or illegal, direct exception should be taken to it at the proper time." Barber v. Barber, 157 Ga. 188 (1) (121 S.E. 317); City of Atlanta v. Carroll, 194 Ga. 172 (3) (21 S.E.2d 86).
2. A bill of exceptions to the final judgment rendered upon the trial of a case must be tendered within 30 days from the date *461 of such final judgment. Ga. L. 1953, Nov.-Dec. Sess., pp. 279, 280 (Code, Ann., § 6-902).
3. "A judgment of a trial court, which after a writ of error stands unreversed, or to which no exception has been taken, is the law of the case." Palmer v. Jackson, 188 Ga. 336, 338 (4 S.E.2d 28); Ballard v. Harmon, 202 Ga. 603, 605 (44 S.E.2d 260).
4. In the present case the motion was not one to vacate or set aside the decree (see Code § 3-702), but was a motion to "amend" after the time for excepting thereto had expired. The motion to amend was therefore properly denied.
Judgment affirmed. All the Justices concur.
