Beale v. Grimsley

Russell, Judge.

1. The defendant in error has filed a motion to dismiss the bill of exceptions, based on the rule of law as set out in Albany Federal Savings &c. Assn. v. Henderson, 198 Ga. 116 (1) (31 SE2d 20). Since the judgment in this case was as a matter of fact included in the record, and since also the verdict was in fact a general verdict, and defendant in error so denominates it in his brief in the main case, the motion to dismiss the bill of exceptions is without merit.

2. The office of a suggestion of diminution of record under Code § 6-812 is to perfect the record in this court so…