114 Ga. 935 | Ga. | 1902
At the September term, 1901, the case of Morris against Wofford was tried, and a verdict and judgment rendered in favor of the plaintiff. During the term the defendant made, in the same document, a motion for a new trial and also a motion to set sidé the verdict and judgment. At the hearing the court required counsel for defendant to elect which of the motions he would insist on, under penalty of having them both dismissed if no election was made. Counsel elected to prosecute the motion to set aside; and this motion having been determined adversely to the defendant, he excepted to the order of the court requiring the election, as well as to the refusal to set aside the judgment.
Judgment affirmed.