Fulton v. Chattanooga Publishing Co.

Quillian, Judge.

1. The motion to dismiss the writ of error is without merit.

(а) There being no necessity to consider the brief of evidence adduced on the hearing of the motion for new trial as distinguished from the brief of evidence adduced on the actual trial, it is immaterial whether or not such evidence was briefed in accordance with the provisions of Code (Ann.) § 70-305.

(б) The argument that there could be no. review of the grant of the motion for new trial, because the appellate court has not reversed the judgment for the defendant non obstante veredicto, which was entered by the trial…