Warren v. Colvin

It does not affirmatively appear that the brief of evidence in this case, which was specified in the bill of exceptions was tendered to the judge and filed in office at the time of the tendering of the bill of exceptions; and under the rule laid down in the case of Days v. Atlanta &c. Ry. Co., 101 Ga. 785 (supra), a brief of evidence presented after the time for tendering a bill of exceptions will not be considered by a reviewing court. A nonsuit was granted May 30th; on June 27th following the bill of exceptions was tendered and there was specified therein as material to a clear…