Ownby v. Farmer

Carlisle, Presiding Judge.

1. The trial judge expressly declined to approve the recitals of fact in grounds 4 and 6 of the amended motion for a new trial. It follows that such grounds of the motion cannot be considered and passed upon by this court. Smith v. State, 12 Ga. App. 667 (3), 670 (78 SE 134); Clarke v. Maloy, 51 Ga. App. 495 (180 SE 759); Kemp v. State, 61 Ga. App. 337, 340 (9) (6 SE2d 196).

2. Ground 5- of the amended motion attempts to assign error on the exclusion of a statement by a witness to the effect that it seemed they couldn’t get Mr. Farmer (the plaintiff) back out there to…