Newsome v. Shipp

Head, Justice. The present case comes to this court on an exception to the refusal to grant a new trial. Grounds of a motion for new trial not argued or insisted upon are impliedly abandoned. Code, § 6-1308. The only ground of the motion for new trial, as amended, that has been argued or insisted upon by the plaintiff in error in this court is the *329 ground, complaining of the refusal of the trial court to grant a nonsuit. The exception to the ruling refusing a nonsuit was not preserved in the lower court, and such ground of exception can not be entertained by this court in a motion for new trial. Dixie Manufacturing Co. v. Ricks, 153 Ga. 364 (4) (112 S. E. 370); Dickson v. Citizens Bank & Trust Co., 184 Ga. 398, 399 (8) (191 S. E. 379); Page v. Brown, 192 Ga. 400 (4) (15 S. E. 2d, 506). No. 16362. October 11, 1948. L. L. Woodward and Fort & Fort, for plaintiffs in error. J. E. D. Shipp, pro se. Dykes & Dykes, and J. L. Glover, contra. Eugene Cook, Attorney-General, and Hamilton Lokey, for person at interest, not party to record. Judgment affirmed. All the Justices concur, except Bell, J., absent on account of illness.