Columbia-Southern Chemical Corp. v. Dickens

Pannell, Judge.

A special demurrer to a paragraph of the petition relating to the measure of damages was overruled. After verdict and judgment for the plaintiff, the defendant brought the case to this court by bill of exceptions assigning error on the overruling of the special demurrer as controlling the verdict and judgment. There is no brief of the evidence in the record. A motion was made to dismiss the writ of error.

Under the ruling of the Supreme Court in Whitner v. Whitner, 207 Ga. 97 (60 SE2d 464), the brief of the evidence is necessary for a consideration of a’ writ of error assigning…