Supreme Court of Georgia, 1912

Anderson v. Daniel

Anderson v. Daniel
Supreme Court of Georgia · Decided February 17, 1912 · Atkinson
137 Ga. 635; 73 S.E. 1051; 1912 Ga. LEXIS 111
Anderson v. Daniel

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

Atkinson, J.

1. The petition was not subject to any of the grounds of demurrer.

2. There being no bona fide effort to brief the evidence in the case, and the so-called brief of evidence contained in the record being largely composed of objections to evidence and the arguments of counsel thereon, and colloquies between counsel and between counsel and the court, such document will not be considered as a brief of the evidence, and therefore no question depending on the evidence ean be decided. Price v. High, 108 Ga. 145 (33 S. E. 956).

(a) It follows that the grounds of the motion for a new trial, complaining of the refusal to grant a nonsuit, the admission of certain evidence, and the direction of a verdict, in the absence of a brief of evidence, present no question for determination.

Judgment affirmed.

All the Justices concur, except Sill, J,, not presiding.

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