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Stephens, J. 1. The bill of exceptions in this case complains only oí the overruling of a motion to dismiss the defendant’s motion for a new trial. The judgment overruling the motion for a new trial having this day been affirmed by the Court of Appeals (Payne v. Lyon, post 246), the questions raised in the motion to dismiss the motion, for a new trial have therefore become moot, and it would be futile and of no avail for this court to consider such questions and render a decision thereon.
Writ of error dismissed.
Jenkins, P. J., concurs. Sill, J., absent on account of illness.
Document Info
Docket Number: 12261
Citation Numbers: 28 Ga. App. 246
Judges: Account, Illness, Jenkins, Sill, Stephens
Filed Date: 2/22/1922
Precedential Status: Precedential
Modified Date: 1/12/2023