Elliott v. Leathers

In Smith v. Equitable Mortgage Co., 98 Ga. 240 (25 SE 423), it was held that the superior court is a court of record. At page 241 of the opinion after stating motions made during the trial seeking privileges or the adjudication of rights which “fall within the pleadings” may be made orally, and if the judgment thereon is registered upon the minutes of the court this will suffice, then the court said: “But where it is sought to invoke the powers of the court touching matters which lie outside the pleadings, though in some sense pertinent to the cause, the court can acquire jurisdiction for…