Wetmore v. Chavers
Supreme Court of Georgia
In error, from Richmond County. This writ of error, was- sued out to a decision on a motion for a new trial, on; the ground, that the verdict was contrary to the evidence. The’bill of exeeptions did not contain a brief of the evidence, or refer to any. In the transcript of the record, the Clerk sent up a brief of evidence, purporting to be of file in his office.
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In error, from Richmond County. This writ of error, was- sued out to a decision on a motion for a new trial, on; the ground, that the verdict was contrary to the evidence. The’bill of exeeptions did not contain a brief of the evidence, or refer to any. In the transcript of the record, the Clerk sent up a brief of evidence, purporting to be of file in his office. A motion was made to dismiss the writ of error, on the ground that no brief of evidence had been embodied in the bill of exceptions.
1Opinion of the Court
By the Court
Nisbet, J,
delivering the opinion.
*547[1.] The motion to dismiss must be sustained. The 4th rule of this Court requires, that a brief of the oral, and a copy of the written evidence in the cause, be embodied in the bill of exceptions. Is there any thing in this case which can authorize an exception to the rule ? There is no evidence whatever, in the bill, and no reference to any. The brief of the evidence agreed upon by counsel, upon moving the rule for the newj trial below, comes up with the record, and therefore, it is said that the reason of the rule ceases. This would be true if…
2Cited by1 opinion
- Stephens v. WoolbrightSupreme Court of Georgia · 1878