Bennett v. Carter

1. The motion to dismiss the writ of error is overruled, although an examination of the record shows that there was no bona fide effort to brief the documentary evidence and much of the oral testimony, as required by law; it appearing that certain grounds of the motion for new trial contain assignments of error which can be considered without reference to the brief of evidence. But the lack of a legal brief of evidence precludes any consideration of the sufficiency of the evidence to support the verdict.

2. The rejection from evidence of the fi. fa. referred to in the first special ground of…