211 Ga. 405

18799.

McDonald v. Fletcher.

Submitted January 10, 1955

Decided February 17, 1955.

Gibson & Maddox, for plaintiff in error.

Ewing & Farrar, George Jordan, contra.

Mobley, Justice.

1. The purported brief of evidence, 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 the introduction of evidence, colloquies between counsel and witnesses and between counsel and the court, arguments of counsel upon objections to the admission of evidence, and various other immaterial matters. While the stenographic report of the trial of the case, with immaterial questions and answers and parts thereof stricken, may be used in place of a brief of evidence, there has been no bona fide attempt to comply with the requirements of Code ยง 70-305, as amended by the act of December, 1953 (Ga. L. 1953, Nov.-Dee. Sess., pp. 440-446 (b)); and this court will, therefore, not pass upon any assignment of error in the determination of which reference must be had to the purported brief of evidence. Robinson v. State, 209 Ga. 650 (1) (75 S. E. 2d 9); Heard v. Helms, 210 Ga. 669 (82 S. E. 2d 129); Williamson v. Yakupian, 211 Ga. 61 (84 S. E. 2d 15); Brown v. Clarke, 211 Ga. 61 (84 S. E. 2d 14); Hester Bennett Lumber Co. v. Alexander, 211 Ga. 402.

2. Since the general grounds of the motion for new trial and each of the two special grounds require reference to the brief of evidence, no question is presented for determination by this court.

Judgment affirmed.

All the Justices concur.

McDonald v. Fletcher
211 Ga. 405

Case Details

Name
McDonald v. Fletcher
Decision Date
Feb 17, 1955
Citations

211 Ga. 405

Jurisdiction
Georgia

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