Mooty v. Butler

'1. Under the provisions of the act approved August 21, 1911 (Park’s Code, § 6090 (a)), no question as to the filing of the brief of evidence can be entertained by the reviewing court, where the judge has finally passed on the merits of the motion for a new trial, unless the question was first raised and insisted on before the trial judge. Charleston & Western Carolina Ry. Co. v. McElmurray, 12 Ga. App. 441 (78 S. E. 258) ; Collins v. State, 12 Ga. App. 655 (77 S. E. 1079) ; Chicago & Northwestern Railway v. Elliott, 16 Ga. App. 388 (85 S. E. 615). A bona fide effort to brief the evidence…