Womack v. Womack
Supreme Court of Georgia
Motion for now trial. Before Judge Ellis. Pulton superior court. December 6, 1919. E. H. Womack filed suit for divorce against Mrs. Lula B. Womack. The defendant answered the suit, and in a cross-petition prayed for temporary and permanent alimony. On the final trial the jury returned a verdict finding a total divorce for both parties, and permanent alimony for the wife and child, to be paid in monthly installments.
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Motion for now trial. Before Judge Ellis. Pulton superior court. December 6, 1919. E. H. Womack filed suit for divorce against Mrs. Lula B. Womack. The defendant answered the suit, and in a cross-petition prayed for temporary and permanent alimony. On the final trial the jury returned a verdict finding a total divorce for both parties, and permanent alimony for the wife and child, to be paid in monthly installments. Whereupon the plaintiff procured other counsel, and on June 12, 1917, during the term, filed his motion for new trial. At the time of the filing of the motion a .brief of evidence…
1Opinion of the CourtGeorge, J.
1. Allowing a brief of evidence to be filed “ subject to approval ” does not amount to an approval of the brief. Brown v. Groover, 65 Ga. 238.
2. It is no abuse of discretion for a judge to refuse to approve a brief of evidence, where he can not, due to long lapse of time, as indicated in this case, remember what the evidence was; and unless an approved *655brief is filed, the motion for new trial is properly dismissed. Pease v. Pease, 66 Ga. 277; Williams v. Johnston, 94 Ga. 722 (19 S. E. 888); Baldwin County v. Crawford, 101 Ga. 185 (28 S. E. 621) ; Lucas v. Cordele Guano Co., 106 Ga. 200 (32 S.…
2Cases cited6 opinions
- Pease v. PeaseSupreme Court of Georgia · 1881
- Williams v. JohnstonSupreme Court of Georgia · 1894
- Baldwin County v. CrawfordSupreme Court of Georgia · 1897
- Lucas v. Cordele Guano Co.Supreme Court of Georgia · 1898
- Brown v. Groover, Stubbs & Co.Supreme Court of Georgia · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. FlintUtah Supreme Court · 1928
- Griffin v. StateCourt of Appeals of Georgia · 1934