Baker v. Nicholls 71 Ga. 866

Baker et al., administrators, vs. Nicholls.

After verdict, a motion for new trial was made. The brief of evidence did not set out copies of the documentary evidence, consisting of deeds, notes, etc., but gave an abbreviated statement of them, containing names, dates, amounts, etc. There was no agreement of counsel as to the brief of evidence, but it was approved by the presiding judge. The error assigned in the bill of exceptions was the overruling of the motion;

Meld, that the writ of error must be dismissed, on motion. Unless abbreviated by agreement, a brief of the oral and copy of the written testimony must be before this court, in the bill of exceptions, or properly exhibited thereto and identified, or in the brief of evidence accompanying a motion for new trial, and referred to in the bill of exceptions.

January 10, 1884.