Opinion

Brown v. Clarke

  • 211 Ga. 61
  • 84 S.E.2d 14
  • 1954 Ga. LEXIS 480
Court
Supreme Court of Georgia
Filed
Sep 13, 1954
Status
Published
Author
Wyatt
On the bench
Wyatt
Cited by
13 cases
Authority
More cited than 92.3%

The opinion

Wyatt, Presiding Justice.

1. The purported brief of evidence in the instant case, which has been approved by the trial judge, consists of what appears to be a complete transcript of the record of the trial in the court below. The purported brief includes motions to rule out evidence, objections to evidence, rulings of the court in passing upon various objections to the admission of evidence, colloquies between counsel and between counsel and the court, the excusing of witnesses and various other immaterial matters. There has been no bona fide attempt to comply with the requirements of Code § 70-305 as amended by Ga. L. 1953, Nov.-Dee. Sess., pp. 440, 446. This court will not, therefore, pass upon any assignment of error in the determination of which reference must be made to the purported brief of evidence.

2. Since the only question presented for determination in the instant case is whether or not it was error to grant a nonsuit, and since, as ruled above, no question can be considered which will require reference to the purported brief of evidence, this question can not be considered. The judgment of the court below must be

Affirmed.

All the Justices concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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