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- Rulings on motions for judgment notwithstanding the verdict and motions for new trial, § 9-11-50.
- Court may not grant new trial on unspecified ground on own motion after more than 30 days from entry of judgment and after expiration of term. Darby v. Commercial Bank, 135 Ga. App. 462, 218 S.E.2d 252 (1975), overruled on other grounds, Smith v. Telecable of Columbus, Inc., 140 Ga. App. 755, 232 S.E.2d 100 (1976).
- Claim on appeal that the trial court erred by refusing to consider a request for a nonjury bench trial in a criminal matter was preserved for review despite the fact that the counsel did not state an exception or file an objection to the trial court's ruling, as the "bill of exceptions" requirement was abolished a long time ago pursuant to O.C.G.A. § 5-6-49(a); the trial court did not err, as there was no requirement that a defendant be given a nonjury trial upon a request and nothing prevented the trial courts from ensuring that the defendants were given the defendants' constitutional jury trial right pursuant to Ga. Const. 1983, Art. I, Sec. I, Para. XI. Lindo v. State, 278 Ga. App. 228, 628 S.E.2d 665 (2006).
Given that once the trial court addressed the defendant's motion regarding sequestration of the lead investigating officer and the trial court issued a ruling, the defendant did not need to further object to the ruling in order to preserve the issue for appeal. Stafford v. State, 288 Ga. App. 733, 655 S.E.2d 221 (2007), cert. denied, No. S08C0654, 2008 Ga. LEXIS 489 (Ga. 2008).
Cited in Murcherson v. State, 112 Ga. App. 299, 145 S.E.2d 58 (1965); Bishop v. Lamkin, 221 Ga. 691, 146 S.E.2d 769 (1966); Wright v. Wright, 222 Ga. 777, 152 S.E.2d 363 (1966); Travelers Ins. Co. v. Merritt, 124 Ga. App. 42, 183 S.E.2d 73 (1971); Brown v. Rooks, 139 Ga. App. 770, 229 S.E.2d 548 (1976); State v. Eubanks, 239 Ga. 483, 238 S.E.2d 38 (1977); Hienrichsen v. Harris, 155 Ga. App. 810, 273 S.E.2d 213 (1980); Turner v. National Bank, 160 Ga. App. 165, 286 S.E.2d 500 (1981); Hiers-Wright Assocs. v. Manufacturers Hanover Mtg. Corp., 182 Ga. App. 732, 356 S.E.2d 903 (1987).
2 Am. Jur. Pleading and Practice Forms, Appeal and Error, § 399.
- 4 C.J.S., Appeal and Error, § 591.
Total Results: 5
Court: Supreme Court of Georgia | Date Filed: 2000-10-30
Citation: 538 S.E.2d 51, 273 Ga. 97, 2000 Fulton County D. Rep. 4016, 2000 Ga. LEXIS 815
Snippet: stated that Georgia, through OCGA §§ 9-11-46 and 5-6-49, has "abolished the common law's requirement of
Court: Supreme Court of Georgia | Date Filed: 1999-10-18
Citation: 271 Ga. 534, 523 S.E.2d 1
Snippet: of error and all rules relating thereto (OCGA § 5-6-49), and mandated that the Act “be liberally construed
Court: Supreme Court of Georgia | Date Filed: 1999-10-18
Citation: 523 S.E.2d 1, 271 Ga. 534, 99 Fulton County D. Rep. 3793, 1999 Ga. LEXIS 786
Snippet: of error and all rules relating thereto (OCGA § 5-6-49), and mandated that the Act "be liberally construed
Court: Supreme Court of Georgia | Date Filed: 1995-10-30
Citation: 463 S.E.2d 112, 265 Ga. 800
Snippet: 460, 224 S.E.2d 8 (1976). [4] See O.C.G.A. § 5-6-49; see also 1 McCormick on Evidence § 52 at 209 (4th
Court: Supreme Court of Georgia | Date Filed: 1939-01-14
Citation: 187 Ga. 472, 1 S.E.2d 12, 1939 Ga. LEXIS 415
Snippet: Hawkins v. Central of Ga. Ry. Co., 119 Ga. 159 (5, 6) (49 S. E. 82); Sheppard v. Bridges, 137 Ga. 615, 621