28 Ga. App. 518 | Ga. Ct. App. | 1922
When this case was called in this court a motion to dismiss was presented, on the grounds that (1) there was no sufficient assignment of error on any ruling of the court; and (2) there was no assignment of error upon any final judgment. The first objection, we think, is without merit; The bill of exceptions contains a sufficient assignment of error, but this assignment of error is limited and restricted to the interlocutory judgment made by the court. The other objection, — that there was no assignment of error upon any final judgment, — seems to be well taken. The assignment of error in the bill of exceptions is in the following language; “Upon motion of the plaintiff the court directed a nonsuit as to defendant’s set-off, and directed a verdict for the amount sued for upon the ground that there was no implied promise to pay for said services; and to reimburse him for the amount of doctor’s bills paid out on her account, on account of the fact that she, the deceased, was the aunt of the defendant. To which
Writ of error dismissed.