79 Ga. 487 | Ga. | 1888
If appears from the record in this case that Jones recovered a judgment against Pope, trustee, in the city court of Eloyd county, and that under the 20th section of the act approved September 27th, 1883, establishing the city court of Eloyd county, he filed his bill of exceptions to the superior court, to the judgment of said city court overruling the motion for a new trial. The superior court affirmed the judgment of the city court; whereupon Pope sued out a bill of exceptions to this court, assigning'as error the
In this case, the superior court had no jurisdiction to pass upon a bill of exceptions sued out from the city court. The court did not refuse to entertain the bill of exceptions, but acted on it, and passed a judgment of affirmance, affirming the action of the judge of the city court in refusing to grant the motion for a new trial. So in accordance with the rule above laid down, where the court has no jurisdiction but acts thereon, the bill of exceptions will not be dismissed, but the judgment of the court below
We, therefore, affirm so much of the judgment of the court below as puts the costs of this case upon the plaintiff in error here.
Judgment affirmed as to cost, but otherwise reversed.