43 S.E.2d 581 | Ga. Ct. App. | 1947
1. Under the evidence in this case the ward had probable cause to call in question the acts of the guardian, and since it would require an action by the guardian which would adversely affect his individual interest should a court find against him, under the law the guardian should not act further as guardian.
2. The exception to the judgment cannot be made on a motion for a new trial, and the direct exception comes too late. The exception therefore cannot be considered.
2. The judgment appointing a new guardian is dated October 15, 1945. The verdict of the jury was simply a finding for the plaintiff, and did not involve the appointment of a new guardian. Therefore the exception to the appointment of a new guardian could not be made a ground of the motion for a new trial.Braswell v. Palmer,
The court did not err in overruling the motion for a new trial.
Judgment affirmed. Sutton, C. J., and Parker, J., concur.