Watts v. Kilburn
Supreme Court of Georgia
Defendant in error joined issue, with a protestation in this case, and moved to dismiss the writ of error. One of the errors assigned, was the refusal of the Court below to grant a new trial; another was the admission of a bill of sale in evidence, by proving the hand writing of the party making it.
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Defendant in error joined issue, with a protestation in this case, and moved to dismiss the writ of error. One of the errors assigned, was the refusal of the Court below to grant a new trial; another was the admission of a bill of sale in evidence, by proving the hand writing of the party making it. To the bill of exceptions was attached, what purported to be a brief of the evidence, which was referred to by the bill of exceptions, but was not certified by the Judge; It did not contain a copy of the bill of sale. The motion to dismiss, was, 1st. No brief of the testimony was submitted, with…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
[3.] The rule of the Superior Courts, requiring a brief of the testimony in the cause, to be filed by the party applying for a new trial, under the revision and approval of the Court, was made to protect the rights of the parties to such rule. But no objection was taken in the Court below, to the application for a new trial, for want of compliance with this rule. We are bound to presume, therefore, either that the rule was complied with, or else, that its provisions were waived by the defendant in error. He now objects, however, that no such…
2Cited by1 opinion
- Stephens v. WoolbrightSupreme Court of Georgia · 1878