42 Ga. App. 393 | Ga. Ct. App. | 1930
Where error is assigned in a petition for certiorari upon a ruling based on a motion for a new trial, and the grounds of the motion are set forth in the petition, a general assignment of error, that the court erred in so ruling, is sufficient. The petition in this case sets out literally the grounds of the motion for a new trial, and does thus “fully and distinctly sét forth the errors complained of.” The first headnote in Crouch v. Spooner, 8 Ga. App. 626 (69 S. E. 1129), is as follows: “Where the error alleged is in the granting or denying of a new trial, one assignment of error is sufficient to reach all the grounds of the motion on which the grant or refusal was based.” See Butler v. Hall, 7 Ga. App. 777 (68 S. E. 331). In Eule 8 of the Court of Appeals (Civil Code of 1910, § 6332) we find the following: “Where the error alleged is in the granting or denying óf a new trial, one assignment of error is sufficient to reach all the grounds of the motion
Judgment reversed.