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Smith v. Smith

Supreme Court of Georgia
May 7, 1964
136 S.E.2d 758 (Ga. 1964)

Opinion

22440.

SUBMITTED APRIL 13, 1964.

DECIDED MAY 7, 1964.

Alimony, etc. Cobb Superior Court. Before Judge Manning.

Alton T. Milam, for plaintiff in error.

William A. Ingram, contra.


The sole assignment of error in the bill of exceptions is on a judgment denying a motion for a new trial "on each and every ground." The motion for a new trial was filed to a judgment of the trial judge denying a motion to modify an alimony decree. "A motion for a new trial goes only to the verdict and reaches only such errors of law and fact as contributed to the rendition of the verdict; and therefore errors committed by the court in the rendition of a decree or judgment cannot be reached by a motion for a new trial." Herz v. Claflin Co., 101 Ga. 615 (5) ( 29 S.E. 33); Sweetman v. Owens, 147 Ga. 436 (2) ( 94 S.E. 542); Smith v. Wood, 189 Ga. 695 (2) ( 7 S.E.2d 255); Ballard v. Harmon, 202 Ga. 603, 605 ( 44 S.E.2d 260). "[A] motion for a new trial not being the remedy to reach any error which the judge may have committed in his judgment ..., it is certain that the refusal to grant a new trial was not erroneous." Moreland v. Stephens, 64 Ga. 289, 290.

Judgment affirmed. All the Justices concur.

SUBMITTED APRIL 13, 1964 — DECIDED MAY 7, 1964.


Summaries of

Smith v. Smith

Supreme Court of Georgia
May 7, 1964
136 S.E.2d 758 (Ga. 1964)
Case details for

Smith v. Smith

Case Details

Full title:SMITH v. SMITH

Court:Supreme Court of Georgia

Date published: May 7, 1964

Citations

136 S.E.2d 758 (Ga. 1964)
136 S.E.2d 758

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