16 Ga. App. 861 | Ga. Ct. App. | 1913
In Ocean Steamship Company v. Blumberg exception is taken to the refusal of the court to charge the jury in accordance with a written request for instructions, and in Wilson v. Brooks Simmons Company the exception is to the order of the judge sustaining the motion to strike the defendant’s answer. In neither case is there any assignment of error upon the final judgment rendered in the case, or even a general exception thereto. In Lyndon v. Georgia Ry. & Electric Co., 129 Ga. 354 (58 S. E. 1047), it was held that “If the ruling or decision complained of as erroneous is one preceding the final judgment, and if it is specially made the subject of exception and of proper assignment of error, and the final judgment is excepted to, not because of additional error in it, but because of the antecedent ruling complained of,
It is, of course, well settled that under the provisions of section 6184 of the Civil Code, dismissal of the bill of exceptions is to be avoided whenever “by an amendment to the bill of exceptions . . any imperfection or omission of necessary and proper allegations could be corrected from the record in the case.” However, by the very terms of the code section, the amendments allowable are confined to such imperfections as can be cured by or supplied from the transcript of the record. Jones v. Gill, 121 Ga. 93 (48 S. E. 688). In Turner v. Alexander, 112 Ga. 820 (38 S. E. 35), it was held that where there was any bona fide attempt to comply with the statutory requirement of specifically stating in the bill of exceptions the error of which the plaintiff in error wishes to complain, the writ of error will not be dismissed, if there be any assignment of error which, viewed in the light of the record, is sufficiently certain and definite to enable a reviewing court to ascertain substantially the real question which the excepting party seeks to have decided. From this it might appear that where the sole complaint is that the final judgment is wrong because it was necessarily dependent upon and naturally followed an antecedent ruling which is plainly set forth and specified, we would be able in each of these cases to determine the question presented by the exceptions to the
Though an interlocutory ruling of which complaint is made may have been controlling in shaping the final judgment rendered, not only is an exception to the final judgment rendered in the case necessary, in order to confer jurisdiction, as held in the Lyndon case, supra, but even if this were not so, the reviewing court, without such exception to the final judgment, would not know that the plaintiff in error was in fact dissatisfied with the result in the case, and would thus subject itself to the risk of deciding a mere moot ques
Writs of error dismissed.
See footnote on page 817, ante.