Butler v. Jaques & Tinsley Co.

1. “There are many decisions” of the Supreme Court “to the effect that a brief of the evidence is an indispensable statutory requisite to a valid motion for new trial. In other words, if there is no brief of evidence, no motion for new trial exists.” Whitaker v. State, 138 Ga. 139 (1), 140 (75 S. E. 254); Civil Code (1910), §§ 6080, 6306.

2. The brief required is a brief of the evidence adduced upon the trial, upon which is predicated the verdict complained of, and not merely a brief of the evidence introduced upon a motion of one of the parties for a continuance.

3. The bill of exceptions…