Mann v. Tallapoosa Street Railway Co.

1. It is not cause for 'dismissing a motion for a new trial that the judge improperly approved as a brief of the evidence a paper purporting to be such, but which was not in fact made out as required by law. The proper practice in such case is to except directly to the order of approval, or else move to vacate that order, and if 'the motion is refused, to except directly to such refusal. Tate v. Griffith, 83 Ga. 153; Lewis v. Mortgage Co., 94 Ga. 574; Hood v. Culver, 95 Ga. 120.

*118May 23, 1896. By two Justices. Argued at the last term. Motion for new trial. Before Judge Janes. Haralson superior…