Morrow v. American Tire Co.

On Motion for Rehearing.

Eberhardt, Judge.

Plaintiff in error urges that A. H. Massey, Inc. v. Diamond Electric &c. Corp., 106 Ga. App. 121 (1) (126 SE2d 548) requires a result different from that reached in the second headnote. We do not agree. The record in that case discloses that the brief of the evidence was incorporated in the bill of exceptions, following which is a certificate by the trial judge, “Parties consenting, this is to certify that the foregoing is a true complete and correct brief of the evidence . . and following the bill of exceptions itself is an acknowledgment by counsel…