WILBANKS v. CARTER

40977.

110 Ga. App. 644 (1964)

139 S.E.2d 435

WILBANKS v. CARTER.

Court of Appeals of Georgia.

Rehearing Denied November 17, 1964.


Attorney(s) appearing for the Case

James L. Flemister, for plaintiff in error.

Stow & Andrews, Frank B. Stow, James A. White, Jr., R. T. Bartholomew, contra.

Eugene Cook, Attorney General, Paul Rodgers, Assistant Attorney General, amicus curiae.


NICHOLS, Presiding Judge.

1. The defendant assigns error on several excerpts from the charge as "erroneous and not sound as an abstract principle of law as the same did not apply to the evidence and pleadings in the instant case."

This assignment of error, the same as to each excerpt complained of, complains that the charge was error as applied to the pleadings and evidence, but no pleadings or evidence are set forth or referred to in the motion for new trial...

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