Darden v. McCord

Atkinson, Presiding Justice.

Whether a brief of evidence is a proper brief is a question to be determined primarily by the trial judge; and when the judge refuses to approve a brief of evidence, upon the ground that certain documentary evidence was not set out with sufficient description and that the contents of the documentary evidence, which was pertinent to the issue in said matter, were omitted, this court will not reverse a judgment dismissing the motion for new trial on account of the failure to present a proper brief of the evidence as required by law, unless it can be made to appear…