Legal Opinion

Lewis & Matthews v. Sams & Son

Court of Appeals of Georgia

Decided April 12, 1918No. 9290PublishedCited by 2 opinions

Money rule; from Fayette superior court—Judge Searcy. September. 19, 1917

1Opinion of the CourtWade, C. J.

“Where no motion for new trial is made, the evidence should be embodied in the bill of exceptions, or attached as an exhibit thereto, and properly identified,” or, since the act of 1889 (Civil Code of 1910, § 5529), contained in a brief approved by the trial judge and made a part of the record. “A rule to distribute money having been tried on an agreed statement of facts, and exceptions being taken to the ruling thereon, the embodiment in the record of what purports to be a copy of the agreement, signed by counsel, is not sufficient.” Mann v. Archer, 69 Ga. 767. See also Partridge v.…

2Cases cited4 opinions

  1. Silvey & Co. v. BrownSupreme Court of Georgia · 1911
  2. Partridge v. HollinsheadSupreme Court of Georgia · 1898
  3. Mann v. ArcherSupreme Court of Georgia · 1882
  4. Johnson v. Gleaton, Jones & Co.Court of Appeals of Georgia · 1908

3Cited by2 opinions

  1. Etheridge v. CashinCourt of Appeals of Georgia · 1965
  2. Rooks v. WhiteCourt of Appeals of Georgia · 1962

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