Pinson-Brunson Motor Co. v. Bank of Danielsville

(After stating the foregoing facts.) It is insisted in behalf of the plaintiff in error that the recitals of fact in the judge’s order refusing a new trial were unauthorized and improper, and *796that this court should look only to the pleadings and the brief of evidence for the purpose of ascertaining the facts upon which the case was tried. We do not think it necessary to pass upon this contention. Assuming, without deciding, that the approved brief of evidence was not conclusive, but was subject to be varied or supplemented in the manner stated, we are still of the opinion that it was error to…