46 S.E.2d 631 | Ga. Ct. App. | 1948
1. Where no exception pendente lite was taken and where the motion for new trial does not complain of the direction of the verdict, an assignment of error in the bill of exceptions tendered more than twenty days after the verdict was directed was too late to present that question for the consideration of this court.
2. The evidence supported the verdict and the court did not err in overruling the motion for new trial.
1. It is settled beyond the point of any doubt in this State that an appellate court cannot consider an assignment of error on the direction of a verdict where that assignment is made for the first time in a bill of exceptions tendered more than twenty days after the order directing the verdict. See Ga. L., 1946, p. 726, 735; Carr v. Morris
2. A careful reading of the petition and of the evidence convinces this court that the evidence was sufficient to support the verdict, if it did not demand it, and the court did not err in overruling the motion for new trial.
Judgment affirmed. Sutton, C. J., concurs. Felton, J.,concurs in the judgment. .