Lindsey v. Hardeman
Supreme Court of Georgia
Practice in the Supreme Court. January Term, 1878. The bill of exceptions recited that this case was submitted to the court, without a jury, upon an agreed statement of facts, which “ is hereto attached as a part of the record of case and made a part of this bill of exceptions.” The certificate of the judge to the bill of exceptions stated that “ when the agreed facts in writing are attached,” it would' contain all the evidence material. There was no attached statement.
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Practice in the Supreme Court. January Term, 1878. The bill of exceptions recited that this case was submitted to the court, without a jury, upon an agreed statement of facts, which “ is hereto attached as a part of the record of case and made a part of this bill of exceptions.” The certificate of the judge to the bill of exceptions stated that “ when the agreed facts in writing are attached,” it would' contain all the evidence material. There was no attached statement. In the record was an agreed statement of facts, signed by counsel for plaintiff in fi. fa. and by claimant ; and the…
1Opinion of the Court
Warner, Chief Justice.
When this case was called on the docket for a hearing, the defendant in error made a motion to dismiss it on the ground that the brief of the evidence, as the same appeared in the record, had not been approved by the court.
The case was brought here on a bill of exceptions to the rulings of the court on what purports to be an agreed statement of facts contained in the record, which agreed statement of facts does not appear to have been approved by the court; consequently, we cannot say whether the rulings of the court, to which the plaintiff in error excepts, were based…
2Cited by2 opinions
- Benson v. HarrisCourt of Appeals of Georgia · 1917
- Paul v. SmithCourt of Appeals of Georgia · 1907