Smith v. Summerlin - 48 Ga. 425 (1873)

Rule:

Whenever the bill of exceptions contains a mere recital of the grounds taken in a motion for a new trial, and the judgment of the Court below is a general judgment overruling the motion, and nothing appears in the motion, judgment or bill of exceptions verifying the grounds as true, no assignment of error can be founded on such grounds so as to entitle them to be heard in this Court; and the more especially is this so, where the pleadings in the case do not authorize the issues raised in such grounds.

Facts:

Defendant commenced proceedings on a laborer's lien against the plaintiff. He cultivated the plaintiff’s farm and introduced the written contract between them. The lower court ruled that the parties were partners, and therefore the defendant was not entitled to a laborer’s lien. Plaintiff moved for a new trial because the court erred in refusing to dismiss the case, and the verdict was contrary to the evidence.

Issue:

Did the plaintiff raise valid grounds for motion for new trial?

Answer:

No.

Conclusion:

There was nothing in the record or bill of exceptions that identified the grounds taken in the motion for a new trial, which were also the grounds of exception, as being true. The verdict was not unsupported by evidence to call for the interference of this Court in controlling the discretion of the Court below in refusing a new trial on that ground.