Grogan v. Herrington

I think the judgment should be reversed for two reasons.

The majority opinion is clearly contrary to the law under decisions of this court and the Supreme Court in that it permits the setting aside of a judgment based on a jury verdict for a defect which does not appear on the face of the record. In a proceeding to set aside a judgment based on a verdict the brief of evidence is not a part of the record. DeCoff v. Newman, 79 Ga. App. 162 (53 S. E. 2d, 134). The record in this case only shows the pleadings, a jury verdict and a judgment. The statement of counsel for both sides that there was no…