Dobbs v. Sims

Did the court err in dismissing the written motion on February 28, 1946 ? It nowhere appears in the record that a brief of the evidence was submitted and approved, as a part of the motion for a new trial, by the trial court. Dnder the many decisions of this court and the Supreme Court, a motion for a new trial without a brief of the evidence is a mere nullity. In Kalil v. Spivey, 70 Ga. App. 84 (2) (27 S. E. 2d, 475), this court said: “Á motion for new trial without an approved brief of the evidence is a mere nullity.” In Graham v. Hall, 70 Ga. App. 597 (28 S. E. 2d, 884), it is stated: “One…