McLendon v. Richardson

1. If a party acquiesces in the trial court’s entertaining and passing on a motion for new trial without raising the question that no brief of the evidence was filed in connection therewith, the appellate court will not dismiss the writ of error because no brief of the evidence was filed. Code of 1933, § 6-805; Chicago & Northwestern Railway v. Elliott, 16 Ga. App. 388 (85 S. E. 615); Allen v. State, 29 Ga. App. 213 (114 S. E. 583); Rigell v. Sirmans, 123 Ga. 455 (51 S. E. 381); Mayor &c. of Brunswick v. Davenport, 131 Ga. 465, 467 (62 S. E. 584).

We quote as follows from the only special…