Grier v. Donner

Russell, Judge.

1. Under Code § 110-702 a motion in arrest of or to set aside a judgment will lie only for a defect which is not amendable and which appears on the face of the pleadings. Any such motion going to matters not appearing on the face of the record is governed by the same rules of practice as motions for a new trial, and must contain a brief of evidence in every case where a motion for a new trial would need such brief of evidence; that is, all cases unless they happen to fall within the purview of Code Ann. § 70-301.1. Perry v. Maryland Cas. Co., 102 Ga. App. 475 (1) (116 SE2d…