Fuller v. Fuller

Russell, Judge.

The defendant in error filed a motion to dismiss the bill of exceptions in this court on the grounds that (a) the evidence, which is partly in narrative and partly in stenographic form, has not been properly briefed, and (b) that the brief of evidence has not been properly certified. As to (a), it does appear that in the main there has been a substantial effort towards compliance with Code Ann. § 70-305. Since the rule prescribed therein is for the benefit of the court rather than the parties litigant, and since those immaterial portions of the record appearing in the brief of…