Kelley v. City of Atlanta
Cases that cite this one
5 later published cases cite this decision.
- Clark v. State (Ga. 1964)
- General Finance & Thrift Corp. v. Davis (Ga. Ct. App. 1958)
- Associates Discount Co. v. Parrott (Ga. Ct. App. 1957)
- Smith v. Henderson (Ga. 1940)
- Hall v. Macon, Dublin Savannah Railroad Company (Ga. Ct. App. 1947)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. “The court will not consider as evidence affidavits and documents specified in a bill of exceptions as material to a clear understanding of the errors complained of which are not incorporated in an ap-' proved brief of the evidence, but are brought to this court in the transcript of the record merely as independent papers under the certificate of the clerk that they are of file in his office.” Roberts v. Heinshon, 123 Ga. 685 (51 S. E. 589). And in such a case, where the questions raised for decision can not be determined'without a consideration’ of the evidence, the judgment of the court below will be affirmed.
2. What purports to be a brief of the evidence, agreed upon by counsel and approved by the court subsequently to the signing of the bill of except tions by the judge below, can not be considered. Jackson v. Ga. So. & Fla. Ry. Co., 132 Ga. 127 (63 S. E. 841).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.