Tom Hewitt Auto Auction Co. v. Vickers

Pannell, Judge.

1. Where the only exception is to the refusal of the trial court to grant a motion for judgment notwithstanding the verdict (Code Ann. § 110-113), and it appears that the brief of evidence is a stenographic transcript of the trial (Code Ann. § 70-301), and it nowhere appears that such brief of evidence has been approved by the trial judge, such evidence cannot be considered by this court. Porter v. State, 56 Ga. 530; DeLoach v. Planters &c. Mut. Fire Assn., 122 Ga. 385 (1) (50 SE 141); Phillips v. Taber, 83 Ga. 565, 566 (6) (10 SE 270).

2. The record does not disclose that said…