Spencer v. Smith

Bleckley, Judge.

Without a brief of evidence which is satisfactory to the court, a rule nisi for a new trial should not be granted. The granting of a rule nisi at the proper time for such a proceeding, is, therefore, a presumptive approval of the brief, if any has been agreed upon by counsel and filed. 41 Ga., 577. Such implied approval will serve to enable the court to entertain the motion and have the agreed brief amended, should it be ascertained to be defective or incorrect. Doubtless, the 49th rule of practice contemplates in the main actual revision and express approval, and it is only…