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Fulton Lodge No. 32 etc. v. Roberson

Court of Appeals of Georgia1916-09-21No. 7393
18 Ga. App. 586

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Hodges, J.

This case was tried before a judge of the municipal court of Atlanta, without the intervention of a jury; he found against the defendant, a motion for a new trial was overruled, and, on appeal, the appellate division of the municipal court affirmed the judgment of the trial judge. The document sent up in the record as a brief of the evidence consists largely of rulings of the court, argument of counsel, and colloquies between counsel and the court, and is not a compliance with the provisions of the code and the rulings of the Supreme Court and of this court as to the briefing of evidence. Park’s Code, vol. 5, § 6093, and annotations. It is held by the Supreme Court that “When there is no legal brief of evidence with the motion for a new trial, but only a document which fails to comply with the provisions of the Civil Code (1910), § 6093, the Court of Appeals should not look to such a-document for the purpose of determining the questions raised in the motion for a new trial.” Whitaker v. State, 138 Ga. 139 (4), 145 (75 S. E. 254). The judgment of the court below must therefore be

Affirmed.