Chicago & Northwestern Railway v. Elliott

1. No question as to the sufficiency of the approval of grounds of a motion for new trial, or of the approval of the brief of evidence, or of the filing thereof, can be entertained by the Court of Appeals, where the judge has finally passed upon the merits of the motion for new trial, unless the question was first raised and insisted on before the trial judge. Acts 1911, page 149. Collins v. State, 12 Ga. App. 635 (77 S. E. 1079). See also Nobles v. State, 14 Ga. App. 480 (81 S. E. 370).

2. The case was within the jurisdiction of the justice’s court. The plaintiff was not bound to claim all of…